29 April 2024 Bail and Antcipatory Bail >> Criminal Law  

Gujarat High Court has granted bail to an applicant arrested in February 2024 for violating the Prohibition Act. The applicant faced charges under Sections 65(a), 65(e), 81, 83, and 98(2) of the Act, likely pertaining to alcohol prohibition in Gujarat.

The applicant's lawyer argued for bail based on several factors, including the length of detention since February, the completion of the investigation and filing of a chargesheet, and the fact that all offenses fell under the jurisdiction of a Magistrate's Court. Additionally, a co-accused in the case had already been granted bail.

While the prosecution opposed bail, the court, considering relevant Supreme Court precedents, decided to release the applicant on bail with specific conditions. These included a bond of Rs. 15,000 with a surety, standard restrictions on witness tampering and leaving the state, bi-monthly reporting to a police station, and informing authorities of the applicant's residence and any changes.

The order clarifies that the release is contingent on no other pending cases against the applicant. The court also empowered the Sessions Judge to take action for violating the bail conditions.

It's important to note that the court's observations during this bail hearing are preliminary and should not influence the final judgment. The trial court will base its decision on the evidence presented during the trial.