Bail is the rule and jail is the exception; courts must consider the nature of allegations and personal liberty when deciding bail applications.

ORDER :

HASMUKH D. SUTHAR, J.

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

2. The present successive application is filed under Section 439 of the Code of Criminal Procedure, 1973 (for short “CrPC”) for regular bail in connection with FIR being C.R. No.11199001240909 of 2024 registered with City C Division Police Station, District Bharuch for the offences punishable under Sections 420, 465, 467, 468, 471 and 120(B) of the Indian Penal Code, 1860 (for short “IPC”) 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 and now nothing is required to be recovered or discovered as the charge-sheet is filed. The allegation against the applicant is that he has told the complainant that there was a scheme of NSE, wherein the investment could be made and also assured of good returns pursuant to which the complainant and other relatives made investments amounting to Rs.63,94,000/- and later on, it came to knowledge that the accused were not appointed in NSE nor they are the ofÏcers of NSE and thereby the accused have committed offence of cheating however, now the investigation is over and charge-sheet is filed and the applicant is in jail since 19.10.2024. Further, during the investigation it has been found that applicant has used accused No.3 juvenile. He therefore submits that, considering the nature of the offence, the applicant may be enlarged on regular bail 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 has lured people and forged NSE documents and got transferred money in the accounts and thereby committed offence of cheating and merely filing of charge-sheet is not a ground to grant bail to the applicant looking to the nature and gravity of the offence.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) None of the offence alleged is punishable with life sentence or death penalty and are triable by the Court of JMFC;

(3) Applicant is behind the bars since 19.10.2024;

(4) There is nothing to be recovered or discovered from the applicant;

(5) Co-accused has been considered by this Court;

(6) Obviously commencement and conclusion of trial will take some time.

7. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra vs. Central Bureau of Investigation reported in [2012]1 SCC 40 as well as in the case of Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of Andhra Pradesh reported in (1978)1 SCC 240. Obviously, the conclusion of trial will take time and keeping the accused