CAV ORDER

1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR being C.R. No.11208035231037/2023 registered with the Gandhigram Police Station, Rajkot for the offence punishable under Sections 65E, 67A and 116B of the Prohibition Act and under Sections 420, 465, 467, 468, 471, 114 and 120(B) of the Indian Penal Code.

2. Heard learned advocate, Mr. Nilesh Patel for the applicant, learned APP Mr. L.B. Dabhi for the respondent – State of Gujarat.

3. Learned advocate, Mr. Patel submitted that so-

called incident has taken place on 19.03.2023, for which, FIR has been lodged on 06.11.2023 and the applicant has been arrested on 20.12.2023 and since then, he is in judicial custody. Learned advocate submitted that now the investigation is completed and after submission of the chargesheet, the present application has been preferred. Learned advocate submitted that FIR registered against Divyesh Anadkat and others, whose name would be revealed during the course of investigation and thus, the applicant is not named in the FIR and during the course of investigation, the name of the present applicant has come on surface. He was arrested, taken into custody and, thereafter, chargesheeted. Learned advocate submitted that as per the case of the prosecution, it is alleged that the accused persons in connivance with each other and under the guise of ayurvedic syrup, have manufactured syrup containing alcohol and sold it in open market with a sole intent to earn profit and to execute the said offence, they have also formed bogus Company as also created forged GST number. Learned advocate submitted that the co-accused, who has been found in conscious possession of the ayurvedic syrup bottle, has been considered by this Court whereas the applicant is arraigned as accused only on the basis of the statement of the co-accused. Learned advocate submitted that the bottles, which were seized by the members of the raiding party, whereupon applicant’s address mentioned as a manufacturer of product was printed by the co-accused and the said co-accused has also admitted the said fact at the time of recording his statement before the concerned IO and thus, the present applicant is not the manufacturer of the said Company nor owner of the said Company, however as stated above, only on the statement of the co-accused, applicant has been arraigned as accused. Learned advocate submitted that the applicant is not directly or indirect connected with the alleged commission of crime. It is, therefore, urged that considering the nature of the offence and the role attributed to the applicant and on the ground of parity, the applicant may be enlarged on regular bail by imposing suitable conditions.

4. Learned APP, Mr. Dabhi for the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. Learned APP submitted that the applicant has made hand in glove with other accused persons and in connivance with each other they committed serious offence by manufacturing cough syrup wherein contents of spurious alcohol is found. The said act is against the welfare of society. Learned APP has referred to the chargesheet papers and submitted that it is found out that there are serious allegations leveled against the present applicant that the applicant and other accused have committed offence of making prohibited alcohol under the guise of manufacturing of ayurvedic syrup without obtaining valid licence from the competent authority and, thereafter, sold, circulated marketed and distributed it within a territorial area of State with a sole intent to earn huge profit for their personal benefits, which affects the public at large. It is, therefore, urged that considering the above factual aspects as also considering the role attributed to the present applicant – accused at the time of commission of crime, the present application may not be entertained.

5. I have h