Grant of regular bail is determined by evaluating the prima facie case, the risk of the accused fleeing, and the potential for witness tampering, balanced against the duration of custody and the likelihood of trial delay.

ORDER

1. The Applicant has filed this Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the Applicant on Regular Bail in connection with FIR being C.R. No.11201018250007 of 2025 registered with CID Cyber Crime Police Station, Gandhinagar.

2. Heard learned Advocate for the Applicant 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 Applicant has submitted that the Applicant has good reputation in the society and no useful purpose would be served by keeping the applicant in jail for indefinite period. It is further contended that the applicant is 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 is actively involved in commission of the present offence. The present applicant had lured the first informant and other victims of handsome returns on the investments made in the stock market and because of the said promise, the first informant and the other victims had invested the amount of more than Rs.2 crores with the present applicant. The applicant had also procured the details of the bank account which was used for commission of the present offence and amount of Rs.1,90,00,000/- had been transected in the said bank account. The applicant had also received the amount of Rs.3,50,000/- towards commission for the said purpose. Learned APP has therefore submitted that looking to the nature of offence, this Court may not exercise the discretion in favour of the applicant and the Application may be dismissed.

5. Heard learned Advocates for the parties and perused the record. The investigation is over and charge sheet is filed. The applicant had preferred Criminal Misc. Application No.24765 of 2025 which was allowed to be withdrawn by this Court vide order dated 04.12.2025. The applicant has been arrested in connection with the present offence in the month of July-2025 and since than, he is in custody. The prosecution has cited as many as 26 witnesses in the charge-sheet. Reportedly, the trial of the offence has not yet commenced and there is no likelihood of conclusion of the trial in the near future.

5.1 The role attributed to the present applicant is such that the applicant had procured the details of the bank account which was allegedly used for commission of the present offence and the applicant had also received the amount of Rs.3,50,000/- towards commission for the said purpose. Having regard to these aspects, 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 Applicant accused at the time of trial and tampering and hampering with the witnesses by the accused.

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

(c) That the Applicant is in custody since 24.07.2025.

(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 c