JUDGMENT :

ASHOKKUMAR C. JOSHI, J.

1. This application is filed by the applicant - accused under Section 439 of the Code of Criminal Procedure for enlarging the applicant on Regular Bail in connection with C.R. No. 11191067210115 of 2021, registered with Cyber Crime Police Station, District: Ahmedabad City for the offences punishable under Sections 406, 420, 419, 465, 467, 468, 471 and 120-B of the Indian Penal Code, 1860 (herein after referred to as "the IPC") and Sections 66(c) and 66(d) of the Information Technology Act, 2000.

2. Heard learned advocate Mr. Zubin Bharda for the applicant and learned APP Mr. Manan Bhatt for the respondent - State.

Submissions of the Parties:

3. The learned advocate for the applicant - accused has submitted that the applicant - accused submitted that this is the successive bail application after withdrawal of the earlier application. He submitted that the applicant - accused is an innocent person and falsely implicated in the offence in question. It is submitted that in the present case, the applicant is charged with the aforesaid offences, however, the ingredients of the said offences are not satisfied. Further, the applicant has no antecedents. Besides, the applicant has family roots in the society and therefore, the applicant is not likely to fee away from justice. That, the investigation is over and charge sheet in the case is already filed and hence, there is no possibility of tampering and hampering with the evidence. That, the applicant will abide by whatever conditions imposed by the Court. The learned advocate for the applicant has further vehemently submitted that there is no direct involvement of the applicant-accused in the present case so far as allegation is concerned. It is, therefore, prayed that discretion may kindly be exercised and grant bail to the applicant - accused.

4. Per contra, learned APP has vehemently argued that from the charge sheet papers, prima facie case is made out against the present applicant and therefore, it is urged that discretion may not be exercised and ultimately, the learned APP has opposed the grant of bail looking to the nature and gravity of offence, involvement of the applicant - accused.

Merits of the Case:

5. This court has considered the following aspects:

(a) the investigation is over and charge sheet is filed;

(b) the applicant has no antecedents;

(c) further as per the catena of decisions of the Apex Court, there are mainly three factors which are required to be considered by this Court i.e. prima facie case, availability of applicant - accused at the time of trial and tampering and hampering with the witnesses by the accused;

(d) that the learned advocate for the applicant has submitted that the applicant - accused is not likely to fee away;

(e) that the applicant - accused is in custody since 16.09.2021.

(f) the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. C.B.I. Reported in (2012) 1 SCC 40, wherein it is held that bail is a rule and jail is an exception and there should not be pre-trial punishment.

6. Having heard the learned advocates for the parties and perusing the record produced in this case as well as taking into consideration the facts of the case, nature of allegations, gravity of accusation, availability of the applicant - accused at the time of trial etc. and the role attributed to the present applicant - accused and the fact that the applicant has no antecedents, the present application deserves to be allowed and accordingly stands allowed. The applicant is ordered to be released on regular bail in connection with above-referred FIR, on executing a personal bond of Rs. 25,000/- with one surety of the like amount to the satisfaction of the trial Court, subject to the following conditions that the applicant shall:

(a) 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 any Police Office