MUKESHBHAI PRAGJIBHAI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Learned APP waives service of notice of Rule on behalf of the respondent - State of Gujarat. With the consent of learned advocates appearing for respective parties, application is taken up for final hearing today. Heard Ms. Alpa Dave, learned advocate for the applicant and Ms. Krina Calla, learned Additional Public Prosecutor for the respondent-State.

(2.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant - original accused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR being C.R. No.III-248 of 2019 registered with Shihor Police Station, District Bhavnagar for the offences under Sections 65(A)(E), 116(B) and 81 of the Prohibition Act.

(3.) Ms. Alpa Dave, 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. Learned advocate for the applicant on instructions states that the applicant is ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for his remand. He further submits that upon filing of such application by the Investigating Agency, the right of applicant- accused to oppose such application on merits may be kept open.