RAMESH RAJARAM DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant-­accused has prayed for anticipatory bail in connection with the FIR being C.R. No. I- 52/2017 registered with Harni Police Station, Vadodara for the offenses punishable under Sections 65E , 81 and 108 of the Prohibition Act.

(2.) Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. He further submits that the applicant will keep himself available during the course of investigation, trial also and will not flee from justice and will also abide by the terms and conditions that may be imposed by this Court.

(3.) Learned Additional Public Prosecutor appearing on behalf of the respondent - State has opposed grant of anticipatory bail and submitted that warrant under Section 70 of the Criminal Procedure Code, 1973 is issued against the applicant and when the inquiry was made at his residence, his wife has stated that she has gone to Kerala and, therefore, the present applicant is not available.