Bail is a rule and jail is an exception; personal liberty is paramount under Article 21, and bail should be granted when no recovery is needed and charge-sheet is filed.

ORDER :

(HASMUKH D. SUTHAR, J.) 

[1.0] RULE. Learned APP waives service of rule for the respondent-State. 

[2.0] The present successive 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. 11210047241851 of 2024 registered with Udhana Police Station, Surat, for the offences punishable under Sections 420 and 114 of the Indian Penal Code, 1860.

[3.0] 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. Earlier bail application came to be withdrawn as during the pendency of that application, chargesheet has been filed. Applicant is in jail since 21.10.2024. Offence is triable by JMFC Court. Allegation against the applicant is that, as the son of the complainant intended to get a job in UK, approached the applicant and entrusted the visa work and against the same, the applicant has received an amount of Rs.23,00,000/-. However, the applicant could not get work permit for the son of the complainant and therefore, the complainant demanded money back, which the applicant did not return. In this regard, FIR came to be filed. The applicant has forwarded the fees towards visa process to accused Nos.2 and 3 and therefore, he has not committed any fraud. Hence, the applicant may be enlarged on regular bail by imposing suitable conditions.

[4.0] Learned APP appearing on behalf of the respondent-State and learned counsel for the complainant have opposed the present application and requested to dismiss the present application for regular bail on the ground that applicant is the main culprit of crime and at his instance, entire scam is floated and money of innocent people are duped and for that, numerous complaints have been filed. Further, the applicant is having past criminal record. The applicant has received Rs.23 lacs on different dates and he undertook the work of visa, but he failed. Further, false sponsorship letter of AB Hotel Ltd. made and upon verification, it came to know that such letter was never issued by the Hotel. Subsequently, Sections 465, 468 and 471 of the Indian Penal Code, 1860 came to be added and report is submitted before the learned Magistrate. Considering this modus, application does not deserve any consideration.

[5.0] 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.

[6.0] 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) Offence is triable by the Court of JMFC;

(4) Applicant is behind the bars since 21.10.2024;

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

(6) The applicant is not having any past antecedent;

(7) Obviously commencement of trial will take some time.

(9) Allegation against the applicant is that, he lured the complainant and other victims and received Rs.23 lacs from the compl