(1.) "BE YOU EVER SO HIGH, THE LAW OF ALWAYS ABOVE YOU" Rule returnable forthwith. Learned APP waives service of Rule for and on behalf of the respondent-State.
(2.) By way of present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant has prayed to grant him anticipatory bail in the event of his arrest in connection with the FIR registered at Vadali Police Station, Dist. Sabarkantha, being C.R No. 11209054250171 of 2025 for the offences under Sec. 109 of BNS and under the provisions of the Gujarat Prohibition Act.
(3.) Learned counsel for the applicant submits that the applicant has been falsely roped in the offence. There is no direct or indirect evidence to establish the connection of the applicant with the alleged offence. He is not named in the FIR. Merely based on the statement of the co-accused and applicant having several past antecedents, he has been arraigned as an accused. No any recovery or discovery is made from the applicant. He has also submitted that, alleged liquor was not found from conscious possession of the applicant. Learned counsel for the applicant has further submitted that allegation against the applicant is that, he was piloting Innova car bearing RTO registration No.GJ-02-0845 carrying contraband liquor and is not the owner of the car. No CCTV footage is collected which suggests the involvement of the applicant or car of the applicant. Muddamal has already been recovered and therefore, now nothing is required to be recovered from the applicant. It is also submitted that he has nothing to do with Innova car and owner of the car is not arraigned as an accused. Police has tried to frame the applicant keeping the grudge with official of State Monitoring Cell. In this regard, father of the applicant has submitted one representation dtd. 1/5/2025 before various authorities including Home Minister, Commissioner of Police, ACB etc. and made allegation against PSI Mr.Shaikh and requested to do thorough investigation of the offence. He further submitted that the 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.