ORAL ORDER

1. By way of this 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.11996005250242 of 2025, registered with the Suigam Police Station, District : Vav-Tharad, for the offences punishable under Sections 65(a), 65(e), 116-B, 98(2), 99, 83 and 81 of the Prohibition Act.

2. Rule. Learned Additional Public Prosecutor waives service of notice of rule for respondent – State of Gujarat.

3. Learned advocate for the applicant submits that the nature of allegations are such that custodial interrogation at this stage is not necessary. It is further submitted that the applicant will keep himself available during the course of investigation and trial also and will not flee from justice. He further submitted that the applicant is not aware of the incident and on the basis of the statement of the co-accused, he has been made an accused; that the entire allegation against the accused is that the applicant has loaded the liquor in the vehicle and the applicant has no relation with the allegations made in the FIR; that he never loaded the liquor as alleged in the FIR; that the applicant is residing at Rajasthan and he never supplied liquor in Gujarat; that even if the allegations made in the FIR are taken into consideration, the role attributed to the present applicant is only that he has loaded the liquor in the offending vehicle.

3.1 The learned advocate for the applicant further submits that the applicant shall abide by all the conditions that may be imposed while granting anticipatory bail to the applicant. Accordingly, it is urged that this application may be allowed by granting anticipatory bail to the applicant.

4. As against this, the 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 offence and requested not to entertain this application. She submitted that the applicant is dealing in transporting illicit liquor in Gujarat; that the pickup vehicle bearing registration No.GJ-08-AW-6784, which is of his ownership, which was used for transporting the said liquor, is also under investigation.

5. Having heard the learned advocates appearing for the parties and perusing the papers available on record, it is incumbent upon the Court to exercise its discretion judiciously, cautiously and strictly in compliance with the basic principles laid down in plethora of decisions of the Apex Court on the point. It is well settled that, among other circumstances, the factors to be borne in mind while considering an application for bail are (i) the nature and gravity of the accusation; (ii) the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence; (iii) the possibility of the applicant to flee from justice; and (iv) where the accusation has been made with the object of injuring or humiliating the applicant by having him so arrested. Though, at the stage of granting bail, an elaborate examination of evidence and detailed reasons touching the merits of the case, which may prejudice the case of accused, should be avoided, however, following aspects have been taken into consideration :

a) In investigation, it has been found out that the owner of the vehicle viz., Mafaji Madhaji Thakore had sold the vehicle to one Ilias Iqbalkhan Jamad and thereafter, said Ilias has sold the vehicle to Amjadkhan Rasulkhan and as per the investigation, the owner of the said vehicle is Madevbhi Bhurabhai Rajput.

b) Offence is not punishable with life imprisonment ordeath penalty;

c) The applicant has no past antecedents;

d) The learned advocate for the applicant has assured that the applicant will not flee from justice and would be available during investigation as we