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2025 Supreme(Guj) 1046

HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR
Aatmaram Ramkuvar Kharol – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
For the Applicant : Mr Munjal V. Acharya.
For the Respondent: Mr H.K. Patel, App.

ORDER :

(HASMUKH D. SUTHAR, J.)

(1) By way of the present successive application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the applicant has prayed for anticipatory bail in the event of arrest in connection with the FIR being C.R. No. 11195019240790 of 2024 registered with Deesa Rural Police Station, Banaskantha, for the offences punishable under Sections 65(a), 65(e), 116B, 98(2) and 81 of the Gujarat Prohibition Act.

(2) Learned advocate for the applicant submits that the applicant has nothing to do with the offence. Based on the statement of the co-accused, he has been arraigned as an accused; that muddamal recovered from the Eeco car belonged to accused No.1 and not of the applicant. Main accused is released on regular bail by JMFC, Deesa. Nothing is found from conscious possession of the applicant. 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.

(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 offen

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