SAMIRBHAI RAMCHANDRA AJMERI Vs. STATE OF GUJARAT
LAWS(GJH)-2021-2-189
HIGH COURT OF GUJARAT
Decided on February 16,2021

Samirbhai Ramchandra Ajmeri Appellant
VERSUS
STATE OF GUJARAT Respondents


Referred Judgements :-

SIDDHARAM SATLINGAPPA MHETRE VS. STATE OF MAHARASHTRA AND ORS. [REFERRED TO]
V C SHUKLA VS. STATE DELHI ADMINISTRATION [REFERRED TO]


JUDGEMENT

Rajendra M Sareen, J. - (1.)Rule. Learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondent-State.
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.11214008210155 of 2021 before Bardoli Police Station, District: Surat Rural for the offences punishable under sections 65(e), 81 and 98(2) of the Prohibition Act.

(2.)Learned advocate for the applicant submits that the applicant is falsely implicated in the present offence as he is the husband of the tempo owner and he was not found at the place of 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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