The court established that the discretion to grant bail can be exercised favorably when the accused has been detained for a considerable time without prior criminal records and investigation is complete.

ORDER

1. Heard learned advocate Mr. Japan V. Dave appearing for the applicant and learned APP Mr. Manan Mehta appearing for the respondent – State.

2. This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered at C.R.No.11202030220237 of 2022 registered with Kalwad Town Police Station, District:-

Jamnagar for the offence punishable under Sections 465, 466, 471, 474 and 182 of the Indian Penal Code.

3. Learned advocate for the applicant submitted that, the applicant is not involved in commission of offence as alleged in the FIR and therefore, looking to the role of the applicant and nature of the allegations, the applicant is required to be enlarged on regular bail by imposing suitable terms and conditions.

4. On the other hand, learned APP appearing for the respondent – State opposed grant of regular bail looking to the nature and gravity of the offence.

5. In the facts and circumstances of the case and considering the nature of allegations, this Court is of the opinion that, discretion is required to be exercised to enlarge the applicant on regular bail. This Court has considered the following facts while exercising discretion in favour of the applicant :-

(a)The applicant is in jail since 18.07.2022. (b)The investigation is over and the charge-sheet is filed.

(c)Allegations against the present applicant is that he prepared a fake birth certificate of his daughter to show her as minor and on the basis of that just with a view to harass one Sanjaybhai Devlabhai Bhuriya, got an FIR registered on the basis of the aforesaid false birth certificate against him under sections 376 (2) (N) of the Indian Penal Code and sections 4, 6 and 12 of the POSCO Act.

(d)It is submitted by learned advocate Mr. Dave that thereafter, in that matter, now B – Summary has already been filed and the same is pending approval before the concerned Court. Thereafter, the daughter of the present accused person has married to that Sanjay Bhuriya against whom the FIR was registered on the basis of the forged birth certificate.

(e) There are no past antecedents against the applicant.

6. In view of the aforesaid facts, without discussing the evidence in detail, this Court, prima facie, is of the opinion that, this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being C.R.No.11202030220237 of 2022 registered with Kalwad Town Police Station, District:-

Jamnagar on executing personal bond of Rs.10,000/- (Rupees Ten thousand only) with one surety of the like amount to the satisfaction of the learned 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 injuries to the interest of the prosecution;

[c]

surrender passport, if any, to the lower court within a week;

[d]

not leave India without prior permission of the Sessions Judge concerned;

[e]

furnish latest address of 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 the trial Court;

[f]

mark his presence before the concerned police station in the first week of every month till the trial is over;

7. The Authorities will release the applicant only if the applicant 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 conce