Anticipatory bail should be denied when the accused has a history of similar offenses, as it poses a risk of tampering with evidence and undermines the investigation.

ORDER :

1. RULE. Learned advocates waive service of notice for the respective respondents.

2. By way of the present application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the applicant accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR being I-C.R.No.11191035241781 of 2024 registered with Naroda Police Station, Ahmedabad for the punishable under Sections 65-(A)(e), 116-B, 98(2) 81 of the Prohibition Act.

3. The brief facts of the case are that on 21/12/2024, the Investigating Officer (I.O.) received secret information that the accused persons were transporting illegal liquor in an Ertiga car bearing registration number GJ-05-JH-3189 without a valid pass or permit. It was alleged that the liquor was ordered by the applicant. Acting on this information, the I.O., along with panch witnesses and a raiding team, reached the location and kept a watch for the suspected vehicle being driven by the accused. As soon as the car arrived, the I.O. attempted to stop it, but the driver refused to comply. Consequently, the I.O. and the raiding party had to use force to stop the vehicle. Upon searching the car, the raiding party found 1,032 bottles of Indian-made foreign liquor worth Rs.2,16,360. The I.O. then took the accused into custody.

4. The learned advocate for the applicant submits that the applicant has no involvement in the alleged offence and has been falsely implicated. A perusal of the FIR reveals that the entire case has been fabricated with the intention of falsely implicating the applicant. There is nothing recovered or discovered from the conscious possession of the present applicant. There is no risk of absconding, and the nature of the allegations does not warrant custodial interrogation at this stage. The applicant is available for investigation and will not evade justice. In view of the above, the applicant prays for the grant of anticipatory bail.

5. The learned APP appearing for the respondent-State has opposed the application and submitted that the applicant is directly involved in the offense. It is submitted that the present applicant is involved in illegal activities. Hence, it is prayed that the present application be dismissed.

6. The Court has to consider the involvement of the accused in the alleged offence and as to whether prima facie it appears that accused has committed an offence, is required to be considered. So far as the anticipatory bail is concerned, the jurisdiction to grant bail has to be exercised on the basis of the well settled principles having regard to the facts and circumstances of each case and the following factors are to be taken into consideration while considering an application for bail:- (i) the nature of accusation and the severity of the punishment and the nature of the materials relied upon by the prosecution; (ii) reasonable apprehension of tampering with the witnesses and threat to the complainant of the witnesses; (iii) reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of his abscondence; (iv) character behaviour and standing of the accused and the circumstances which are peculiar to the accused; (v) larger interest of the public or the State and similar other considerations are required to be considered.

7. Having heard the learned advocates for the respective parties and having gone through the evidence on record, The Court has to consider the involvement of the accused in the alleged offence and as to whether prima facie it appears that On 21/12/2024, the Investigating Officer (I.O.) received secret information about the accused transporting illegal liquor in an Ertiga car (GJ-05-JH-3189) without a valid permit. It was alleged that the liquor was ordered by the applicant. The I.O., along with panch witnesses and a raiding team, kept watch at the location. When the car arrived, the driver refused to stop, forcing the team to intervene. A search of the