The court emphasized the importance of evaluating the prima facie case, the accused's availability for trial, and the risk of witness tampering when considering bail applications.

ORDER :

(M. R. MENGDEY, J.) 

1. Rule. Learned APP waives service of Rule on behalf of the Respondent State.

2. The Applicant has filed this Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita ( BNSS ) for enlarging the Applicant on Regular Bail in connection with FIR being C.R. No. 11185007240328 of 2024 registered with Salaya Police Station. Devbhoomi Dwarka.

3. Heard learned Advocate for the Applicant and learned APP for the Respondent – State.

4. Learned Advocate for the Applicant has submitted that the Applicant has good reputation in the society and no useful purpose would be served by keeping the applicant in jail for indefinite period. It is further contended that the applicant is ready and willing to abide by all the conditions that may be imposed by this Court if released on bail.

5. Per contra, learned APP has vehemently opposed the present application for grant of regular bail contending that the present applicant was very much part of the conspiracy which was hatched in the present offence and as a part of the said conspiracy, the applicant had attended the meetings which had taken place between the accused persons and the victims. Moreover, the applicant and the other accused had forged certain documents pertaining to Reserve Bank of India and on the basis of those forged documents they were ought to obtain funds of Rs.2,400 crores from the first informant and the other victims. Learned APP therefore submitted that looking to the nature and gravity of offence, this Court may not exercise the discretion in favour of the applicant and the application may be dismissed.

6. Heard learned advocates for the respective parties and perused the record. From the record it appears that the investigation is over and charge- sheet has been filed. As per the case of prosecution, a conspiracy was hatched by the present applicant and the other co-accused and it was canvassed that the amount of Rs.48,000 crores belonging to the other co-accused had been blocked by the Reserve Bank of India and for payment of tax of Rs.2,40 crores the co-accused was in need of fund and for that purpose, some documents in the name of RBI were forged and on the basis of those forged documents, meetings were organized between the accused persons and other victims, wherein the present applicant is alleged to have remained present. Having regard to the role attributed to the present applicant, the application deserves consideration.

7. This court has considered the following aspects:

(a) As per catena of decisions of Hon’ble Supreme Court, there are mainly 3 factors which are required to be considered by this court i.e. prima facie case, availability of Applicant accused at the time of trial and tampering and hampering with the witnesses by the accused.

(b) That the learned Advocate for the Applicant has submitted that the Applicant Accused is not likely to flee away.

(c) That the Applicant is in custody since 10.12.2024.

(d) The law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. C.B.I. Reported in (2012) 1 SCC 40 .

8. Having heard the learned Advocates for the parties and perusing the record produced in this case as well as taking into consideration the facts of the case, nature of allegations, gravity of accusation, availability of the Applicant Accused at the time of Trial etc. and the role attributed to the present Applicant accused, the present Application deserves to be allowed and accordingly stands allowed. This Court has also gone through the FIR and police papers and also the earlier order passed by the learned Sessions Court where the learned Sessions Judge has disallowed the bail Application at initial stage. The Applicant Accused is ordered to be released on bail in connection with the aforesaid FIR on executing a personal bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the trial Court, subject to the following conditions that the applicant shall:

(a) not directly or indirectly make a