Bail conditions must be reasonable and cannot serve as debt recovery mechanisms without a trial.

ORDER

1. Rule returnable forthwith. Learned APP waives service of notice of Rule on behalf of respondent-State.

2. Present application is filed by the applicant for quashing and setting aside conditions nos.3 and 4 imposed by learned In-charge Principal District and Sessions Judge (Designated Court), Rajkot in order dated 08/10/2022 passed in Criminal Misc. Application No.2783 of 2022 in connection with FIR No.11198001211297 of 2021 dated 27/12/2021 registered with Nilambaug, Bhavnagar Police Station, District Bhavnagar for the offences punishable under Sections 409 and 34 of the Indian Penal Code as well as Section 3 of the Gujarat Protection of Interest of Depositors (in financial establishment) Act, 2003 (For short ‘the GPID Act”) and Section 22 of the Banning of Unregulated Deposits Scheme Act, 2019 .

3. Brief facts of the case are narrated as under:

3.1. The applicant is original accused no.4 in the above referred FIR and arrested on 29/05/2022 and since then he was lodged at Rajkot Central Jail. On completion of investigation, the Investigating Officer has filed charge sheet on 07/08/2022. As there is no prima facie offence was made out against the applicant, an application being Criminal Misc.

Application No.2783 of 2022 was filed by the applicant before learned Sessions Court under Section 439 of the Criminal Procedure Code, 1973 seeking enlargement on regular bail and the same was allowed vide order dated 08/10/2022 on certain terms and conditions. Vide condition no.3 of the order dated 08/10/2022, the applicant was directed to deposit Rs.67,10,013/- by way of cash with Nazir, District Court, Rajkot i.e. half of the amount which is found to be due to be paid to the investors by the applicant as per charge sheet within a period of two weeks of his release from custody, subject to the provisions of the GPID Act and/or final decision of the trial. Vide condition no.4, learned trial court directed that if the applicant fails to submit the aforementioned cash amount within a period of two weeks of his release from custody, he shall surrender before the Jail Authority on fifteenth day and the jail Authority shall report to the Court about his surrender and in case the applicant does not surrender himself on the fifteenth day, the Investigating Officer make him surrender to the jail authority. Hence, present application.

4. Heard learned advocate for the applicant and learned APP for the respondent-State as well as perused the averments made in the application and documentary evidences produced on record by both the sides.

5. Learned advocate for the applicant submitted that impugned order is passed without application of mind because as per plain reading of FIR and Charge-Sheet, there is no prima facie offence established against the present applicant under the GPID Act. He submitted that the applicant was just working as a computer operator/cashier and receiving monthly salary of Rs.9,000/- and whose job was merely to enter data and he was not involved in any managerial or administrative activity of the financial establishment to attract the rigours of Section 3 of the GPID Act. He submitted that the applicant was working from year 2016 to year 2021 and resigned on 20/04/2022 as he was not receiving salary from last six months and therefore he was victim of the financial establishment. Learned advocate submitted that there is no recovery or discovery of any amount form the applicant also.

Learned advocate further submitted that considering the role attributed to the applicant, condition of