Bail is a rule and jail is an exception; personal liberty under Article 21 must be upheld when investigation is complete and no further recovery is needed.

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.11188011240329 of 2024 registered with Sathamba Police Station, Aravalli, for the offence under Sections 170, 465, 467, 468 and 471 of the Indian Penal Code, 1860.

3. Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely roped in FIR. Investigation is over and chargesheet has been filed. Allegation against the applicant is that, he has forged ID card and impersonated as SDM in Revenue Department at Nadiad Jilla Seva Sadan and has issued forged appointment letters. Now nothing is required to be recovered from the applicant. Whatever the documents are already recovered. The applicant has only received Rs.3.80 lacs in his account and he is ready and willing to deposit whatever the amount this Court deems fit. Considering the nature of the offense, the applicant be granted regular bail with suitable conditions imposed.

4. Learned APP appearing on behalf of the respondent-State has opposed the present application and submitted that, the applicant has forged ID card and impersonated as SDM in Nadiad Jilla Seva Sadan and put the Board showing his name. It is submitted that, the applicant has forged papers and for that, he has issued forged appointment letters and put the plate in his car showing his post and name and thereby, offered government job. Investigation is going on and the statement of the co-accused are yet to be recorded. If he is released on bail, there is possibility to indulge again in such type of illegal activities and to tamper with the evidence and therefore, this is not a case to grant bail and hence, application does not deserve any consideration.

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 chargesheet has been filed;

(2) Applicant is behind the bar since 31.08.2024;

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

(4) There is no possibility to conclude the trial in near future.

(5) offence is triable by JMFC.

(6) Forged documents are already recovered and now nothing remains to be recovered from the applicant.

(7) The applicant to show his bonafide is ready and willing to pay Rs.4.50 lacs before the trial Court.

(8) Even otherwise, case is based on documentary evidence.

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 behind the bars is nothing but amounts to pre-trial conviction and t