MAHIPATSINH KIRITSINH VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR being CR No.11213021220718 of 2022 registered with the Jasadan Police Station, Rajkot Rural of the offence punishable under Ss. 65(a), 65(e), 81, 98(2) and 116-B of the Prohibition Act.

(2.) Learned advocate appearing for the applicant has submitted that the applicant-accused was arrested on 19/6/2023 and since then he is in jail. Learned advocate for the applicant has also submitted that the investigation has already been completed and charge-sheet has also been filed. Learned advocate for the applicant has further submitted that the other co-accused persons have already been released on bail either by the Hon'ble High Court or by the Sessions Court. Under the circumstances, learned advocate for the applicant prays that the applicant may be enlarged on bail on any suitable terms and conditions.

(3.) The learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. Learned APP has submitted that the applicant-accused is having four to five antecedents. It is further submitted that considering the role attributed to the present applicant-accused, this is a fit case wherein discretionary power of this Court is not required to be exercised in favour of the applicant-accused.