Gita Gopi,J. - (1.)This application has been preferred under section 438 of the Code of Criminal Procedure seeking anticipatory bail in connection with the first information report being FIR No. 11214031210131 of 2021 registered with Mahuva Police Station, Surat Rural for the offences punishable under sections 65(e), 81, 83, 98(2), 116-B of the Prohibition Act.
(2.)Mr. Kishan Daiya, learned advocate for the applicant submitted that the allegations against the applicant is of being a middle man between accused Viral@Viru Sureshbhai Patel and Ketanbhai @ Robot Jagdishbhai Patel. He has submitted that no such prohibitory liquor was found in the conscious possession of the applicant and there are no criminal antecedent against the present applicant. He has , therefore, prayed that discretion may be granted in favour of the applicant.
(3.)Ms. Jirga Jhaveri, 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. She has, therefore, prayed that no discretion may be exercised in favour of the applicant.