DHARMESHBHAI RAMESHBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Mr.Ashish Dagli appearing 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.11203068220287 of 2022 registered with Vanthli Police Station, District Junagadh on 29/6/2022 for offences punishable under Ss. 65(e), 98(2), 81 and 82 of the Gujarat Prohibition Act.

(3.) Learned Advocate Mr.Dagli for the applicant would submit that the applicant has not committed any offence as alleged in the FIR. Learned Advocate would submit that the allegation against the present applicant is that the liquor seized from the co-accused was purchased from the shop where the present applicant has been employed. Learned Advocate Mr.Dagli for the applicant would submit that the nature of allegations are such for which custodial interrogation of the applicant at this stage is not necessary. Besides, the applicant is available during the course of investigation and will not flee from justice. In view of the above, the applicant may be granted anticipatory bail. Learned Advocate Mr.Dagli for the applicant on instructions states that the applicant is ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for his remand. Learned Advocate would further submit that upon filing of such application by the Investigating Agency, the right of applicant-accused to oppose such application on merits may be kept open.