Bail is the rule and pre-trial detention is the exception; courts must consider the nature of allegations and personal liberty under Article 21.

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.11191034240154 of 2024 registered with Naranpura Police Station, Ahmedabad City for the offences punishable under Sections 340(2), 336(3), 336(2), 319(2), 318(2), 308(2), 204 and 61 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 and now nothing is required to be recovered or discovered as the charge-sheet is filed. Further, the applicant has not forged any document and has not received any money and no money trail is found in his account. At the time of search, 7 accused including the present applicant were arrested and all of them have been released by the learned Sessions Court and no further investigation qua present applicant is required and therefore, on the ground of parity, 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 is a kingpin of the offence wherein co-accused impersonated themselves as CID officials and this is an offence of digital arrest and in collusion and in connivance of co-accused, cyber fraud has been committed and having received account details from various people and providing same to one chinese gang, many people have been duped and still other accused are on run and yet to be arrested. 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) Applicant has not forged any document and has not received any money and no money trail is found in his account;

(3) None of the offence alleged is punishable with life sentence or death penalty and triable by the Court of JMFC;

(4) Applicant is behind the bars since 27.10.2024;

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

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

(7) Similarly situated co-accused are released by the learned Sessions Court (8) Obviously commencement and conclusion of trial will take some time.

7. This Court has also taken into considera