The application for bail is granted under specified conditions to prevent witness tampering and ensure the attendance of Applicants during trial.

ORAL ORDER

1. The Applicants have filed this Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 for enlarging the Applicants on Regular Bail in connection with FIR being C.R. No. 11210008250439 of 2025 registered with Sarthana Police Station, Surat.

2. Heard learned Advocate for the Applicants and learned APP for the Respondent – State.

Rule. Learned APP waives service of notice of Rule on behalf of the Respondent - State.

3. Learned Advocate for the Applicants has submitted that the Applicants have good reputation in the society and no useful purpose would be served by keeping the applicants in jail for indefinite period. It is further contended that the applicants are ready and willing to abide by all the conditions that may be imposed by this Court if released on bail.

4. Per contra, learned APP has opposed the present application for grant of regular bail contending that the present Applicant had obtained money worth Rs.13,66,00,000/- from the first informant and the other victims under the garb of providing them the possession of the property. However, the said property had already been disposed of in favour of some third party. Learned APP has therefore submitted that looking to the nature of offence, this Court may not exercise the discretion in favour of the applicants and the Application may be dismissed.

5. Heard learned Advocates for the parties and perused the record. Pending the present Application the investigation is over and charge sheet has been filed. From the facts emerging from record it appears that the role attributed to the Applicants is that 19.50 Acres of land was agreed to be sold by the Applicants to the other co-accused and towards the same an amount of Rs.13,66,75,000/- had already been received by the present Applicant. However, the said land was not transferred in favour of the first informant. Having regard to the nature of dispute involved in the present offence, the Application deserves consideration. This court has also considered the following aspects:

(a) As per catena of decisions of Hon’ble Supreme Court, there are mainly 3 factors which are required to be considered by this court i.e. prima facie case, availability of the Applicants accused at the time of trial and tampering and hampering with the witnesses by the accused.

(b) That the learned Advocate for the Applicants has submitted that the Applicants Accused are not likely to flee away.

(c) That the Applicants are in custody since 18.05.2025.

(d) The law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. C.B.I. Reported in (2012) 1 SCC 40.

6. Having heard the learned Advocates for the parties and perusing the record produced in this case as well as taking into consideration the facts of the case, nature of allegations, gravity of accusation, availability of the Applicants Accused at the time of Trial etc. and the role attributed to the present Applicants accused, the present Application deserves to be allowed and accordingly stands allowed. This Court has also gone through the FIR and police papers and also the earlier order passed by the learned Sessions Court where the learned Sessions Judge has disallowed the bail Application at initial stage. The Applicants Accused are ordered to be released on bail in connection with the aforesaid FIR on executing a personal bond of Rs.10,000/- each with one surety of the like amount to the satisfaction of the trial Court, subject to the following conditions that they shall:

(a) not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade from disclosing such facts to the Court or any Police Officer or tamper with the evidence.

(b) maintain law and order and not to indulge in any crimi