Anticipatory bail can be granted when the applicant's role is not established and there's a lack of substantial evidence.

ORAL ORDER

1. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973 , the applicant accused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered at C.R. No. III – 82 of 2018 with Vinchhiya Police Station, Rajkot for the offences punishable under Sections 65(a)(e), 116-B of the Prohibition Act .

2. Learned advocate for the applicant argues that the applicant is not named in the FIR. He is sought to be implicated only on the basis of statement of co-accused. It is further submitted that there is no criminal antecedents except the offence registered under Section

307 of IPC as pointed out by learned APP Mr. Hardik Soni.

3. The Investigating Officer is present in the Court. Mr. Hardik Soni, learned APP, after going through the papers of investigation, is not able to point out any material appearing against the applicant except the statement of co-accused on the basis of which he is sought to be arrested.

4. Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. 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.

Learned advocate for the applicant on instructions states that the applicant is ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for his remand. He would further submit that upon filing of such application by the Investigating Agency, the right of applicant accused to oppose such application on merits may be kept open.

4. Having heard the learned advocate for the parties and perusing the investigating papers and as well as taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, at this stage, I am inclined to grant anticipatory bail to the applicant. This Court has also taken into consideration the law laid down by the Hon’ble Apex Court in the case of Siddharam Satlingappa Mhetre vs. State of Maharashtra and Ors. as reported at [2011] 1 SCC 6941, wherein the Hon’ble Apex Court reiterated the law laid down by the Constitution Bench in the case of Shri Gurubaksh Singh Sibbia & Ors., as reported at (1980) 2 SCC 665.

5. In the result, the present application is allowed by directing that in the event of applicant herein being arrested pursuant to FIR registered at C.R. No. III – 82 of 2018 with Vinchhiya Police Station, Rajkot, the applicant shall be released on bail on furnishing a personal bond of Rs. 10,000/- (Rupees ten 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

04.01.2019 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 witho