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Judgment
Bela M. Trivedi, J
The application has been filed, seeking anticipatory bail under Section 438 of Cr. P.C., anticipating his arrest in respect of the FIR being C. R.
No.11209020200735 of 2020 registered at Idar Police Station, District Sabarkantha for the offence punishable under Sections 65(a), 65(e), 116-B,
98(2) of the Gujarat Prohibition Act.
As per the allegations made in the FIR, the complainant and other police officials were checking the vehicles and at that time, one Renault Duster
Car having RTO Registration No.GJ-01-RB-5382 came from Bhiloda and the driver of the said car, on seeing the police officials, had left the car and
run away. On checking the car, the liquor worth Rs.72,000/- was found in the car. It further appears that the said complaint was registered against the
unknown persons, however, subsequently, the I. O., had filed the affidavit before the lower Court in which the present applicant along with other
accused including one Sukhalal Mangalaji Gameti and Prahaladsinh Vijaysinh Kursinh Rathod have been found involved and shown as the accused.
It is sought to be submitted by the learned Advocate for the applicant that the applicant is having the licensed shop at the District Dungarpur,
Rajasthan and the said shop is acknowledged by the District Excise Officer of Dungarpur. He further submitted that the applicant had no knowledge
about the alleged car and alleged liquor found from the said car at the scene of offence. He also submitted that the other two co-accused Sukhalal
Mangalaji Gameti and Prahaladsinh Vijaysinh Kursinh Rathod have already been enlarged on bail by the Additional Sessions Court, Sabarkantha in
Criminal Misc. Application No.260 of 2020.
However, the learned APP Ms.Moxa Thakkar for the respondent No.1 State has resisted the present application by submitting that from the
statements of the co-accused Sukhalal Mangalaji Gameti and Prahaladsinh Vijaysinh Kursinh Rathod, it was emerged that the present applicant had
the knowledge that the liquor was to be brought to Gujarat, and therefore, he is also involved in the present offence.
Having regard to the submissions made by the learned Advocates for the parties and to the allegations made in the complaint, as also the contents
of the application, more particularly to the effect that the applicant is holding the regular licence for the liquor shop at Dungarpur, the present
application deserves to be allowed. It may also be noted that the other two accused Sukhalal Mangalaji Gameti and Prahaladsinh Vijaysinh Kursinh
Rathod, who had allegedly brought the liquor to Gujarat have already been granted regular bail by the Sessions Court.
In that view of the matter, the applicant is ordered to be released on bail in the event of his arrest in connection with the FIR being C. R.
No.11209020200735 of 2020 registered at Idar Police Station, District Sabarkantha on his executing a personal bond of Rs. 25,000/- (Rupees twenty
five thousand only) with one surety of like amount on the following conditions;
(a) shall cooperate with the investigation and make himself available for interrogation whenever required;
(b) shall remain present at concerned Police Station on 13th August, 2020 between 11.00 a.m. and 2.00 p.m.;
(c) shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him
from disclosing such facts to the court or to any police officer;
(d) shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police;
(e) shall at the time of execution of bond, furnish the address to the investigating officer and the court concerned and shall not change his residence till
the final disposal of the case till further orders;
(f) shall not leave India without the permission of the concerned trial court and if having passport shall deposit the same before the concerned trial
court within a week; and
(g) it would be open to the Investigating Officer to file an application for remand if he considers it proper and just and the learned Magistrate would
decide it on merits;
In the event of the arrest of the applicant, he shall be released on bail subject to aforesaid conditions, and this order shall remain in force for a
period of fifteen days from the date of his arrest, to enable the applicant to file application for regular bail in accordance with law.
Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/ Authority
through Fax or E-mail.