DEVENDRABHAI @ DVO ANOPSINH ... Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed by the applicant under Section 439 of the Code of Criminal Procedure (for short, 'the Code') for regular bail in connection with FIR registered at C.R. No. III-308 of 2017 with Kosamba Police Station, District: Surat Rural for the offences punishable under Sections 65-E , 81 and 98(2) of the Prohibition Act.

(2.) Heard Mr. Raval, the learned advocate for the applicant and Ms. Bhatt, the learned Additional Public Prosecutor for the respondent - State. 2.1 The learned advocate for the applicant submits that the applicant is an innocent person, however, he has been falsely implicated in the offence. It is submitted that the applicant was piloting the vehicle containing liquor which was seized by the police and except that, no other role is attributed to the present applicant. It is further submitted that substantial investigation is over and now, no further custodial interrogation may be required. The applicant has roots in society and is not likely to run away and his presence can be secured during trial by imposing the the suitable conditions. Accordingly, it is requested that the present applicant may be enlarged on bail. 2.2 The learned advocate for the applicant, on instructions, further states that to show his bona fide, the applicant, without prejudice to his rights and contentions, is ready and willing to deposit Rs.10,000/- before the concerned District Legal Services Authority of the trial Court concerned, however, for that, reasonable time may be given. The learned advocate for the applicant further requests that deposit of the aforesaid amount may not be construed as admission of guilt on the part of the applicant.

(3.) The learned Additional Public Prosecutor opposes the grant of bail looking to the nature and gravity of offence. It is submitted that charge-sheet is yet to be filed and there are chances of tampering with the evidence and accordingly, it is requested that the applicant may not be enlarged on bail.