In a significant ruling by the Gujarat High Court, bail has been granted in connection with FIR No 11192011230610 of 2023 with Bopal Police Station, District Ahmedabad. The offences punishable under Sections 65(a), 65(e), 98(2), 81 and 83 of the Prohibition Act were considered in the judgement. Without discussing the evidence in detail, the Court opined prima facie that the case is fit for bail. Stay updated on this important legal development in the case involving the Prohibition Act.
Facts
- The application is filed under Section 439 of the Code of Criminal Procedure for regular bail.
- The FIR was registered as FIR No 11192011230610 of 2023 with Bopal Police Station, District Ahmedabad.
- The offences mentioned in the FIR are punishable under Sections 65(a), 65(e), 98(2), 81 and 83 of the Prohibition Act.
- Learned APP waived service of notice of Rule on behalf of the respondent-State.
Arguments
- Applicant not named in the FIR
- Applicant not present at the scene of the offence
- Applicant not found in possession of the liquor
- Co-accused already granted bail
- No recovery made at the instance of the applicant
- Applicant has cooperated in the investigation
Analysis
- The judgment in the case of Sanjay Chandra v. Central Bureau of Investigation is considered by this Court.
- The case is reported in [2012] 1 SCC 40.
- Considering the nature of allegations made in the FIR
- Without discussing the evidence in detail
- Prima facie opinion that the case is fit for bail
- Exercising discretion to enlarge the applicant on bail
Decision
- The applicant is ordered to be released on bail in connection with FIR No 11192011230610 of 2023 with Bopal Police Station, District Ahmedabad.
- Offences punishable under Sections 65(a), 65(e), 98(2), 81 and 83 of the Prohibition Act.
- Execution of a bond of Rs.10,000/- with one surety of the like amount required to the satisfaction of the trial Court.
- Conditions include not misusing liberty, not obstructing the investigation, surrendering passport, not leaving Gujarat without permission, marking presence monthly at the Police Station, and maintaining a fixed residence without change.
- Direct service permitted and the Authorities will release the applicant if not required in connection with any other offence.
- Sessions Judge authorized to take action in case of breach of conditions.
Case Title: GHUMSINH @ KUMBHJI @ GHUMSANG S/O. LAXMANSINH ANARJI VAGHELA Vs. STATE OF GUJARAT
Case Number: R/CR.MA/9415/2024
