BHARATBHAI LIMBABHAI CHAVDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant accused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R. No.11198015220375 of 2022 with Bortalav Police Station, Bhavnagar, for the offences punishable under Ss. 65-A, 65(e), 116-B and 81 of the Gujarat Prohibition Act.

(2.) Learned advocate for the applicant submits that, the applicant is totally innocent and has not played any role in the alleged offence, however, he has been falsely implicated in the present offence. Learned advocate for the applicant submits that there is no evidence either direct or indirect in respect of the offence connecting the applicant with the alleged offence. He submits that the applicant has been wrongly implicated in the offence wherein neither he was present, neither there is any possession of the applicant, nor in the house, from where the alleged liquor was found, belongs to the applicant. Therefore, he further urges that the applicant may be granted anticipatory bail on suitable terms and conditions that may deem fit and proper to the Court to which, the present applicant has assured to abide by such conditions.

(3.) While opposing the present bail application, Ms. Moxa Thakkar, learned Additional Public Prosecutor for the respondent - State submits that the applicant is actively involved in the offence and the investigation is still going on, and therefore, she has submitted that no discretionary power may be exercised in favour of the present applicant at this stage. She has further submitted that there are criminal antecedents against the present applicant and therefore, she prayed to reject the present application.