BALA JERAM KOLI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been preferred under sec. 438 of the Code of Criminal Procedure seeking anticipatory bail in connection with the complaint being FIR No.11993004220068 registered with Bhachau Police Station, District : Kutch East - Gandhidham for the offences punishable under Sec. 65(a), 65(e) and 116-B of the Gujarat Prohibition Act.

(2.) Learned advocate for the applicant submitted that the applicant was not at the place when the raid was conduct; in fact, no one was present at the place. Only on the basis that some of his personal document, viz. Ration Card, was lying at the place, he has been arraigned. He does not have any criminal antecedents. It was, therefore, prayed that discretion may be granted in favour of the applicant.

(3.) Learned APP appearing on behalf of the respondent - State opposed the grant of anticipatory bail to the applicant in view of the nature and gravity of offence. It was, accordingly, urged that no discretion may be exercised in favour of the applicant.