SURTI TEJASKUMAR PRAKASHBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned APP waives service of notice of Rule 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 accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR being C.R. No. 11822009230419 of 2023 registered with Chikhli Police Station, Navsari, for the offences punishable under Ss. 65-A, 65(e), 81, 98(2) and 116B of Prohibition Act.

(3.) Learned advocate for the applicant submits that the applicant is not named in the FIR and merely based on the statement of co-accused, he has been falsely roped in the offence. Nothing is found from the conscious possession of the applicant. The allegation made against the applicant is that the applicant has to receive muddamal, in fact, which is recovered from the truck. Co-accused has been considered by the Sessions Court. Therefore, on the ground of parity also, the applicant is required to be granted bail. He further submitted that the undefined nature of allegations are such for which custodial interrogation 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.