ARJANBHAI KARSHANBHAI USETIYA Vs. STATE OF GUJARAT

JUDGEMENT

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

(2.) The present successive application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR being C.R. No.11993004200846 of 2020 registered with the Bhachau Police Station, Kachchh (E) Gandhidham District of the offence punishable under Ss. 65(a), 65(e), 116-B, 81 and 98(2) of the Prohibition Act.

(3.) Learned advocate appearing for the applicant has submitted that the applicant-accused was arrested on 19/3/2024 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 submitted that all the offences are exclusively triable by the court of Magistrate. It is further submitted that the Muddamal liquor is not found from the conscious possession of the applicant-accused and he has been implicated in the presenet offence on the basis of the statement of the co-accused. It is moreso submitted that the other co-accused have already been released on bail by the concerned court. Under the circumstances, learned advocate for the applicant prays that the applicant may be enlarged on bail on any suitable terms and conditions.