(1.) The present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant accused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered at C.R. No.III-41 of 2017 with Nana Pondha Police Station, Valsad for the offences punishable under Sections 65(E) & 81 of the Bombay Prohibition Act; 1949.
(2.) Learned advocate for the applicant submits 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. It is submitted that no specific role is attributed to present applicant and he is not having any criminal antecedents.
(3.) Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of anticipatory bail looking to the nature and gravity of the offence.