(1.) Heard learned Advocate Mr. M.P. Prajapati on behalf of the applicant and learned Additional Public Prosecutor Mr. Ronak Raval on behalf of the respondent-State.
(2.) By way of this application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant - original accused prays for being released on anticipatory bail in connection with FIR No. 11195017220279 of 2022 registered with Deodar Police Station, Banaskantha on 18/3/2022 for offences punishable under Ss. 395 , 365 , 323 , 294(b) and 506(2) of the Indian Penal Code.
(3.) Learned Advocate Mr. Prajapati on behalf of the applicant would submit that perusal of the FIR reveals that one person named Pradhanji has been named as an accused in the FIR and whereas the said person according to the present applicant is one Pradhanji Dahyaji Thakor and whereas the present applicant is Pradhanji Devaji Thakor. Learned Advocate would submit that the present applicant is in no way concerned with the principal incident i.e whereby the jeep carrying liquor having been intercepted and whereas some liquor bottles had been smashed and the driver of the jeep had been abducted and taken and had been assaulted by the accused. Learned Advocate would submit that at the most the allegation against the present applicant could be that he had later on come to the spot and had taken away around 13 bottles of liquor from the jeep in question. Learned Advocate Mr. Prajapati would submit that there being no role attributed to the present applicant as regards the main offence and the only role is with regard to taking 13 liquor bottles from the jeep in question, this Court may consider this application.