Bail is a rule and jail is an exception; personal liberty must be prioritized in absence of substantial evidence against the accused.

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 successive regular bail in connection with FIR being C.R. No.11201002240059 of 2024 registered with C.I.D. Crime Ahmedabad Zone Police Station, Ahmedabad for the offences punishable under Sections 319, 336, 338, 340 and 61 of the BNS and Section 7(1) of the State Emblem of India (Prohibition of Improper Use) Act, 2005.

3. Learned advocate for the applicant submits that the applicant has no involvement in the alleged offence and has been falsely implicated. The applicant was arrested on October 26, 2024. It is contended that no further recovery or discovery is required from the applicant. The applicant is arraigned as accused No.8, referred to as “Modha Saheb,” but he has neither met the complainant nor any witnesses and has not played any active role in the alleged commission of the offence. During the investigation, no material or evidence has been collected indicating the applicant's involvement concerning the acceptance or demand of any money or the creation of any forged documents. No Test Identification (TI) parade has been conducted. There has been no recovery or discovery from the applicant. The allegations are based merely on one statement, and the applicant's phone calls were made using a SIM card that does not belong to him but to a petrol pump owner. By using this SIM card, the applicant is alleged to have impersonated “Modha Saheb.” Beyond this, no further allegations have been made against the applicant. Applicant is having no past antecedent and and he is having deep root in the society. Charge-sheet is filed. Commencement of trial will take its own time. He therefore submits that, considering the nature of the offence, the applicant may be enlarged on successive regular bail by imposing suitable conditions.

4. Learned advocate for the respondent No.2-Original Complainant has tendered the affidavit/objection filed by the original Complainant respondent No.2, which is taken on record.

4.1. The Learned APP and learned advocate for the respondent No.2 have strongly opposed the present application and submitted that the present applicant, in collusion and in connivance with other co-accused, is alleged to have lured job seekers and aspirants under various pretexts, including promises of Class I and Class II officer positions through the Gujarat Public Service Commission (GPSC). They purportedly claimed to have links within government offices and offered services such as obtaining licenses. By using forged documents and impersonating government officers, they allegedly collected a total of ₹3.25 crores. The applicant is accused of using a SIM card to pose as a government servant, thereby gaining the trust of unemployed individuals and exploiting them. Prime evidence has been collected, indicating prima facie involvement of the applicant in offenses including criminal breach of trust and forgery. If he released on bail, then possibility cannot be ruled out to tamper with the evidence. Hence, they have requested to dismiss the present application for successive regular bail looking to the nature and gravity of the offence.

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 absco