ORAL ORDER

1. This application has been filed under section 439 of the Code of Criminal Procedure for regular bail in connection with the complaint being FIR No.11823017211156 registered with Rajpipla Police Station, District : Narmada for offences punishable under sections 465, 467, 468, 469, 471, 500 and 114 of IPC and section 66-D of the Information Technology Act.

2. Learned advocate for the applicant submitted that the applicant is a Tutor and is associated with Australian Education and Migration Pvt. Ltd. as an English Teacher. It is submitted that the applicant has several clients, who run Tuition classes and those clients, who desire to migrate to foreign countries, would submit their documents to the applicant and the applicant would assist them with all the procedural aspects for migration. The documents that were found in the custody of the applicant and which have been seized by the investigating agency, are genuine documents issued by different Universities / School Boards of different States. It is further submitted that the applicant has been arraigned in the matter only on the ground that there are Whatsapp chats between him and the main accused – Beulanand @ Shreya Singh Revbisi Nand. However, there is nothing on record to suggest that the applicant has committed any illegality. It is also alleged that the accused had created a forged website of a University, whose Vice Chancellor is the complainant in this case and had uploaded the photograph of the Vice Chancellor along with false particulars. It is also alleged that the accused has forged mark-sheets of students. It is contended that not a single incident has been demonstrated to show that the applicant has derived any monetary benefit in exchange of the original documents or had collaborated with the main accused except the Whatsapp chats. The soft copies were exchanged but the original mark-sheets of Universities / School Boards were found in the custody of the applicant. It was, therefore, prayed that the present application may be allowed and the applicant herein may be released on regular bail.

3. Learned APP submitted that the case involves a larger conspiracy and the impugned complaint has been filed by the Vice Chancellor of a University. He submitted that forged documents were found from the custody of the accused named in the impugned FIR, including the applicant and the evidence on record in the form of chat conversations clearly show the involvement of the applicant in the crime. It was, therefore, prayed that no discretion may be exercised in favour of the applicant.

4. Heard learned advocates on both the sides and perused the material on record. The documents which have been seized from the custody of the applicant were found to be genuine documents related to different School Boards / Universities. There is no direct allegation of selling those original documents and of deriving monetary gain in exchange thereof. Considering the above aspects, this Court finds this to be a fit case where discretion could be exercised in favour of the applicant.

5. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with the complaint being FIR No.11823017211156 registered with Rajpipla Police Station, District : Narmada on executing a personal bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one surety of the like amount to the satisfaction of the 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 injurious 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 concerned trial court;

[e] furnish the present 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 concerned trial court;

6. The authori