The court granted bail under Section 483 of the Bhartiya Nagrik Suraksha Sanhit, 2023, emphasizing the need for conditions to prevent misuse of liberty.

ORDER :

(M. R. MENGDEY, J.)

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

2. The present application is filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhit, 2023, for regular bail in connection with FIR being C.R.NO. 11196008230478 of 2023 registered with J.P.Road Police Station, Vadodara

3. Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

4. Learned APP has opposed the present application, inter alia, contending the there are 9 antecedents of similar nature against the present applicant. The applicant herein had collected huge amounts from the first informant as well as other victims for processing their Visa and work permit in the foreign countries and after having obtained the huge amount from them, the applicant had not provided them the Visa or the work permit. The applicant had also forged the work permits of various countries in the names of first informant as well as other victims. He, therefore, submitted to dismiss the present application.

5. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. In present case, the investigation is over and charge-sheet has been filed. The applicant has been arrested in connection with the present offence on 23.02.2024. The applicant had earlier preferred Criminal Misc. Application No.14401 of 2024, which was allowed to be withdrawn by this Court vide order dated 29.07.2024 and liberty came to be granted in favour of the applicant to file an application afresh after the period of six months and thus, the present application has been filed by the applicant.

5.1 It is alleged against the present applicant had collected huge amounts from the first informant as well as other victims on the ground of providing them Visa and work permit for the foreign countries. However, after obtaining these amounts, the applicant had neither provided them Visa nor any work permits.

6. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation, reported in [2012]1 SCC 40.

7. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

8. Hence, the present application is allowed. The applicant is ordered to be released on regular bail, on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;

(a) not take undue advantage of liberty or misuse liberty;

(b) not act in a manner injurious to the interest of the prosecution & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;

(c) surrender passport, if any, to the Trial Court within a week;

(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;

(e) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. and 2.00 p.m.;

(f) furnish the present address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Trial Court;

(g) not enter Vadodara City for the period of six months except for the purpose of marking presence before the concerned Police Station and attending the trial proceedings.

9. The authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned w