Regular bail may be granted when the investigation is complete, the chargesheet is filed, the offence is triable by a Magistrate, and the dispute primarily involves civil recovery, adhering to the principle that bail is the rule and jail is the exception.

ORDER

1) RULE

. Learned APP waives service of rule for the respondent-State.

2) The present application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection with FIR being C.R. No.11214046250857 of 2025 registered with Palsana Police Station, Surat Rural for the offences under Sections 406, 420, 120B, 465, 468, 467 and 471 of the Indian Penal Code.

3) Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence and now nothing is required to be recovered or discovered. Investigation is over and chargesheet has been filed. The applicant has no past antecedents. The allegations against the applicant are that one agreement to sale was executed in the year 2021 and the complaint is filed in 2026. It is also alleged that in April 2021 forged Power of Attorney was prepared but the same is not recovered or not sent to the FSL. 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 the present application and requested to dismiss the present application for regular bail on the ground that applicant is involved in the offence of preparing forged document and money is yet to be recovered. Therefore, considering the role of the applicant, present application does not deserve consideration.

5) While granting bail, the Court has to consider the involvement of the accused in the alleged offence, the jurisdiction to grant bail has to be exercised on the basis of the well settled principles having regard to the facts and circumstances of each case and the following factors are to be taken into consideration while considering an application for bail:

(i) the nature of accusation and the severity of the punishment and the nature of the materials relied upon by the prosecution;

(ii) reasonable apprehension of tampering with the witnesses and threat to the complainant or the witnesses;

(iii) reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of his abscondence;

(iv) character behaviour and standing of the accused and the circumstances which are peculiar to the accused;

(v) larger interest of the public or the State and similar other considerations are required to be considered.

6) I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. Following aspects have been considered:

(1) Investigation is over and charge-sheet is filed;

(2) Applicant is behind the bars since 01.02.2026;

(3) The offence is triable by JMFC Court;

(4) There is nothing to be recovered or discovered from the applicant;

(5) The applicant is having no past antecedents;

(6) So far recovery of money is concerned the same is civil dispute based on documentary evidence;

(7) Obviously commencement and conclusion of trial will take some time.

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 as well as in the case of Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of Andhra Pradesh reported in (1978)1 SCC 240. Obviously, the conclusion of trial will take time an