VARSHABEN ASHISHKUMAR BHATIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under section 439 of the Code of Criminal Procedure, 1973 by the applicant for regular bail in connection with First Information Report being C.R.No. III-154/2017 registered with Chhotaudepur Police Station, Chhotaudepur for the offences punishable under Sections 65-E and 116(B) of the Gujarat Prohibition Act.

(2.) Heard learned counsel for the applicant and learned Additional Public Prosecutor for the respondent-State.

(3.) Learned advocate for the applicant submitted that the applicant is innocent person, however, she has been falsely implicated in the alleged offences. It is further submitted that the allegation against the present applicant as per the FIR is that the liquor worth Rs. 2,000/- was found from the house of present applicant. It is further submitted that the applicant was not present at the scene of offence, but subsequently, during the course of investigation, she has been implicated in the alleged offences and there is no other cogent material to connect the present applicant in the alleged offences. It is further submitted that substantial part of the investigation is over and from the FIR, there is no prima facie case against the present applicant for committing alleged offence. It is further submitted that the applicant is ready and willing to abide by the terms and conditions that may be imposed by this Court and therefore, there is no possibility of tampering with the evidence. It is further submitted that the applicant is a lady accused and is having roots in District Chhotaudepur and having responsibility to look after her family, and therefore, she is not likely to run away or abscond and her presence can be secured at the time of trial by imposing appropriate conditions as may be deemed, fit and proper by this Court. Therefore, considering the nature and gravity of the accusation made against the applicant and the role attributed to the applicant, she may be enlarged on regular bail by imposing suitable conditions.