MUKESH RAMESHCHANDRA PURBIA @ PURVIYA Vs. STATE OF GUJARAT
LAWS(GJH)-2021-1-55
HIGH COURT OF GUJARAT
Decided on January 25,2021

Mukesh Rameshchandra Purbia @ Purviya Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

RAJENDRA M.SAREEN, J. - (1.) 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 registered as C.R No.III-5252 of 2017 before Khedbrahma Police Station, District: Sabarkantha for the offences punishable under sections 65(E), 116(B), 83 and 98(2) of the Prohibition Act.
(2.) Learned advocate for the applicant submits that the applicant has no antecedents, he has been falsely implicated in the present offence. Learned advocate for the applicant on instructions also states that the applicant is ready and willing to abide by all the conditions including imposition of condition with regard to power of investigating agency to file an application before the competent Court for his remand. He has further submitted that upon filing such application by the investigating agency, the right of the applicant- accused to oppose such application on merits may be kept open. He submits that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on anticipatory bail by imposing suitable conditions.
(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.;


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