Discretion to grant bail established based on the circumstances including the time served and nature of allegations.

ORDER

1. Rule. Learned APP Mr.Shah waives service of Rule on behalf of the respondent State.

2. The present application is filed under Section 439 of the Code of Criminal Procedure , 1973, for regular bail in connection with FIR being C.R.No.I-5 of 2018 registered with CID Crime, Gandhinagar Police Station, Gandhinagar for offence under Sections 406, 420, 465, 467, 471 and 120B of the Indian Penal Code.

3. Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

4. Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.

5. Learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.

6. Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

This Court has also considered the aspects that; (i) the applicant is in jail since 9.4.2019; (ii) investigation is concluded and chargesheet is filed; (iii) case is triable by Court of Magistrate; (iv) it is submitted by learned advocate for the applicant that for the alleged incident which has taken place during the year 2013-15, the FIR is filed on 4.8.2018; thus, there is a delay in lodging the FIR; (v) it is further submitted that Civil Suit No.930 of 2015 is filed by the complainant against the applicant and others which is pending before the concerned Civil Court; (vi) it is submitted by learned advocate Mr.Brijesh Trivedi appearing for the original first informant that in fact, there is no delay in lodging the FIR and the application was given to the concerned police authorities, however, the complaint was registered subsequently in the year 2018;

(vii) it is further submitted by learned advocate Mr.Brijesh Trivedi appearing for the original complainant that Commercial Civil Suit No.204 of 2017 is filed by the complainant against the said parties including the applicant herein; (viii) learned advocate for the applicant, after taking instructions, submitted that the applicant is ready and willing to deposit Rs.25 lacs before the concerned trial Court within a period of two months from the date of release of the applicant, without prejudice to his rights and contentions; in view of the aforesaid facts and circumstances of the present case, I am inclined to consider the case of the applicant.

7. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation , reported in [2012] 1 SCC 40.

8. Hence, the present application is allowed.

The applicant is ordered to be released on regular bail in connection with FIR being C.R.No.I-5 of 2018 registered with CID Crime, Gandhinagar on executing a personal bond of Rs.10,000/- (Rupees Ten 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