MOHANLAL PEMA JOGI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. The learned APP waives service of notice of rule for and on behalf of the respondent- State.

(2.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant-original accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR registered at the Chiloda Police Station, Gandhinagar vide I-CR No.11216006220486 of 2022, for the offences punishable under Ss. 65(a), 65(e), 116-B and 98(2) of the Gujarat Prohibition Act.

(3.) Learned counsel for the applicant submits that the present applicant has nothing to do with the crime and is innocent and has been falsely implicated in the crime and the applicant has not even participated in the alleged crime. It is further submitted that no overt act is attributed to the present applicant. It is further submitted that the present applicant does not have any criminal antecedents of the present nature of offence. However, his name has been wrongly mentioned in the complaint as his name was discovered in the policy of the vehicle which was found in the car during the investigation. Learned counsel for the applicant has drawn the attention of this Court to the agreement of sale and has submitted that the vehicle was already sold by the applicant on 19 th May, 2022 and now he has nothing to do with the vehicle. Therefore, he submits that the application be allowed.