BALAJI JAVANJI THAKORE 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.11195024210968 of 2021 with Gadh Police Station, Banaskantha, for the offences punishable under Ss. 65(a), 65(e) and 116-B of the Gujarat Prohibition Act.

(2.) Learned advocate Mr. Keyur Vyas, for the applicant has submitted that the applicant is innocent and has not committed any offence as alleged in the FIR. It is submitted that the alleged muddamal is not recovered from his possession. It is further submitted that the applicant has been falsely implicated in the offence. It is further submitted that the applicant is having good reputation in the society and if the police arrest him then his reputation in the society will diminish. It is further submitted that the applicant is doing labour for livelihood and if he is arrested by police, lives and livelihood of his family would ruin. He has further submitted that the offence is neither punishable with life imprisonment nor with death penalty. He further submits that the applicant is ready and willing to abide by the terms and conditions that may deem fit and proper to the Court while releasing the applicant on anticipatory bail and therefore, he has prayed to allow the present bail application.

(3.) Ms. Monali Bhatt, learned APP appearing for the respondent-State has objected the submissions made by learned advocate appearing for the applicant, submitting that applicant has involved in the present offence and trial court has rightly rejected the prayer of the applicant to release him on bail. Hence, it is requested by learned APP appearing for the respondent-State, not to entertain the present application