RAJKUMAR VIJAYBHAI BIND Vs. STATE OF GUJARAT

JUDGEMENT

(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 being C. R. No.III - 1002 of 2019 dated 12.10.2019 registered with Amroli Police Station, Dist. Surat, for the offences punishable under Sections 65(e)(a), 81, 98(2), 99 and 116(c) of the Gujarat 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. 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 has contended that on the same day 2 complaints were registered against the present applicant and in both the complaints the applicant was named as receiver of the muddamal and in one of the complaints the applicant is granted anticipatory bail by this Court and he has to appear before the police station tomorrow. Therefore, if the applicant is not granted anticipatory bail in this application he will be arrested. 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 would further submit 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.

(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.