The court granted bail based on the similarity of the Applicant's role to a co-accused granted bail, emphasizing the need for consideration of the nature of allegations and custody duration.

ORDER :

(M. R. MENGDEY, J.)

1. The Applicant has filed this Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the Applicant on Regular Bail in connection with FIR being C.R. No. 11191045221193 of 2022 registered with Sola High Police Station, Ahmedabad City, Ahmedabad.

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

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

3. 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.

4. Per contra, learned APP has opposed the present application for grant of regular bail contending that the other co-accused namely Kalpesh who has been considered for grant of bail by the Hon'ble Apex Court, the role attributed to him is much lesser than the role attributed to the present Applicant. The Applicant had actively participated in commission of the offence in question. The Applicant had received money from the first informant as well as from the other victims under the guise of sending them abroad whereas the role attributed to the said co-accused Kalpesh @ D.I. Mahendrakumar Patel is only of maintaining the accounts for the co-accused Bharat Rambhai Patel. There are several other antecedents. Learned APP has therefore submitted that looking to the nature of offence, this Court may not exercise the discretion in favour of the applicant and the Application may be dismissed.

5. Heard learned Advocates for the parties and perused the record. The investigation is over and charge sheet is filed. From the record it appears that the Hon'ble Apex Court has considered the case of the co-accused Kalpesh @ D.I. Mahendrakumar Patel for grant of bail only on the ground of delay in trial. The said co-accused was arrested by the Investigating Agency in the Year 2023, similarly, the Applicant was also arrested in May 2023 and since then the Applicant is in the custody. The role attributed to the co-accused as well as the present Applicant is more or less similar with minor distinction. Considering these aspects, the Application deserves consideration. This court has also 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

(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.

6. 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 he shall:

(a) not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of th