Bail is the rule and jail is the exception; personal liberty under Article 21 must be upheld unless substantial risks are present.

ORDER :

1.  RULE. Learned APP waives service of rule for the respondent-State.

2. The present application is filed under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection with FIR being C.R. No.11206073240528 of 2024 registered with Vadnagar Smart Police Station, District Mahesana for the offences punishable under Sections 316(5), 319(2), 318(4) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) and sections 66-C and 66-D of the Information Technology Act.

3. Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence however, now nothing is required to be recovered or discovered as the charge-sheet is filed. The role attributed to the present applicant is that he used to make phone calls to various customers and lure them with huge and lucrative returns to invest in the scheme given by him and thereby he got transferred huge amount of moneys from the victims and witnesses to the accused of co-accused. It is alleged that the present applicant lured the customers by making temptations of unrealistic profit returns and has received huge amount from the victims and has received Rs.1.86 crores in total in the dummy bank account. It is further submitted that though the charge sheet has been filed, nothing more is required to be recovered or discovered. The present applicant without prejudice to the rights is ready and willing to show his bonafide and is ready deposit the balance amount of Rs.13,48,700/- with the learned trial Court Vadnagar subject to outcome of the trial for which undertaking on behalf of the applicant is filed. It is further submitted that the bank accounts has already been freezed. He therefore requested to allow the present application by imposing suitable conditions.

4. Learned APP appearing on behalf of the respondent-State has opposed the present application and requested to dismiss the present application for regular bail on the ground that applicant is involved in a serious offence wherein large number of poor people are defrauded of crores of rupee and if the applicant is granted bail then the possibility of tampering with the evidence cannot be ruled out as co-accused are yet to be arrested. Further, the accused persons in connivance and collusion of each other without there being any license of stock marketing or investment have lured many people to make investments for which dummy numbers were provided and thus huge amount of moneys have been siphoned. Further the investigation qua other monety trail is still going on and the applicant is involved in huge scam. Therefore, he has requested to dismiss the present application.

5. While granting bail, the Court has to consider the involvement of the accused in the alleged offence, the jurisdiction to grant bail has to be exercised on the basis of the well settled principles having regard to the facts and circumstances of each case and the following factors are to be taken into consideration while considering an application for bail: (i) the nature of accusation and the severity of the punishment and the nature of the materials relied upon by the prosecution; (ii) reasonable apprehension of tampering with the witnesses and threat to the complainant or the witnesses; (iii) reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of his abscondence; (iv) character behaviour and standing of the accused and the circumstances which are peculiar to the accused; (v) larger interest of the public or the State and similar other considerations are required to be considered.

6. I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. Following aspects have been considered:

(1) Investigation is over and charge-sheet is filed;

(2) The allegation is that applicant used to make phone calls from the list which was provided to him