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2019 Supreme(Online)(Guj) 1127

HIGH COURT OF GUJARAT
UMESH A. TRIVEDI, J
HASMUKH NARABHAI SAKORIYA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
For the Appellants/Petitioners: MS GAYATRIBA B JADEJA
For the Respondents: MR HARDIK SONI, APP

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

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