VISHNUBHAI RAMNARESH SINH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with First Information Report being C.R.No.III-779/2017 registered with Pardi Police Station, Valsad for the offences punishable under Sections 65E and 98(2) of the 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, he has been falsely implicated in the alleged offences. It is further submitted that the applicant is a driver of the vehicle which was used in the alleged offences and he is not the owner of the truck or muddamal contraband liquor. It is further submitted that 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 not having any criminal antecedent and 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 not having any criminal antecedent and the substantial part of the investigation is over. It is further submitted that the applicant is having responsibility to look after his family, and therefore, he is not likely to run away or abscond and his 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, he may be enlarged on regular bail by imposing suitable conditions.