Bail is the rule and jail is the exception; personal liberty must be considered alongside the nature of the allegations and evidence presented.

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.11210047241694 of 2024 registered with Udhana Police Station, Surat for the offences punishable under Sections 409, 420, 465, 468, 471, 120(B), 504, 506(2), 467 and 201 of the Indian Penal Code, 1860 (for short “IPC”) / The Bharatiya Nyaya Sanhita, 2023 (for short “BNS”).

3. Learned Advocate appearing on behalf of the applicant submits that the applicant has nothing to do with the offence and he is falsely implicated in the offence. The applicant is in jail since 14.08.2024. It is submitted that the present applicant has no involvement in the offence and is merely the father of accused No.1. The allegations of forgery are solely against his son, and all the evidence collected is against his son. There is no evidence indicating the applicant's involvement, nor has he played any role in the offence. It is further submitted that, considering the nature of the offence, the applicant may be granted regular bail with the imposition of suitable conditions. It is further submitted that the applicant has no past antecedents and is ready and willing to file an undertaking before the trial court to demonstrate his bona fides. He undertakes that his son will pay Rs.10,00,000/-, and he himself is ready to pay Rs.5,00,000/-.

4. Learned APP appearing on behalf of the respondent-State and learned advocate appearing for the complainant have opposed grant of regular bail looking to the nature and gravity of the offence. It is submitted that the accused, with the help of others, including his son, created a fraudulent company under the guise of which the complainant and other witnesses were deceived into investing a total amount of Rs.1,39,06,000/-. It is further submitted that the accused, in collusion with the co-accused, also fabricated false challans for the delivery of goods to other companies, as mentioned in the complaint. The applicant-accused made promises to the complainant and other witnesses regarding profit returns. Initially, some amounts were given as part of the promised profit. However, after receiving the aforesaid amount, the accused neither paid the promised profit nor returned any money to the complainant or witnesses. It is also submitted that the complainant and witnesses entrusted their property to the accused, which was subsequently misused for their own benefit, thereby amounting to a breach of trust. Furthermore, the accused created a fraudulent company and fabricated false challans and letterheads of the company. Considering these facts, a prima facie case is established against the accused, who has wrongfully gained from the complainant and witnesses. This indicates the accused’s involvement in the commission of a serious crime affecting multiple individuals. The applicant-accused is the father of the main accused and has played an active role in the crime. Therefore, the present application may be dismissed.

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