ANGUBHAI KHIMJIBHAI JOGATIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under sec. 439 of the Code of Criminal Procedure for regular bail in connection with the complaint being III-C.R. No.297 of 2019 registered with Tilakvada Police Station, District : Narmada for offences punishable under Sec. 65(a)(e), 98(2) and 81 of the Gujarat Prohibition Act.

(2.) Learned advocate for the applicant submitted that the role attributed to the applicant is of piloting the vehicle carrying prohibited liquor. However, there is nothing to suggest that the applicant was actively involved in the alleged crime. Further, the applicant does not have any criminal antecedents. It was, therefore, prayed that the present application may be allowed and the applicant herein may be released on regular bail.

(3.) Learned APP submitted that the offence alleged against the applicant is serious in nature and that if released on bail, he would flee justice and would not be available for trial. It was, therefore, prayed that no discretion may be exercised in favour of the applicant.