Regular bail may be granted when the investigation is complete, the accused has no criminal antecedents, and parity exists with co-accused, adhering to the principle that 'bail is a rule and jail is exception' to protect personal liberty under Article 21 of the Constitution.

ORDER

[1.0] RULE. Learned APP waives service of rule for the respondent-State.

[2.0] The present application is filed under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection with FIR being C.R. No. 11189001251033 of 2025 registered with Halvad Police Station, Surendranagar, for the offences under Sections 465, 467, 468, 471, 472, 120B and 34 of IPC.

[3.0] 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. He is not named in the FIR. Chargesheet has been filed. The applicant has no past antecedent. Based on the statement of the co-accused, the applicant has been arraigned as an accused. He therefore submits that, considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

[4.0] 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 and co-accused entered into a criminal conspiracy to illegallu usurp the government land situated at village Koyba, Ghanshyampur and Sundaribhavani of Taluka halvad and forged orders purportedly issued by the competent authority by using fake seals and rubber stamps. Thereby, the applicant has committed offence and hence, present application does not deserve consideration.

[5.0] 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.

[6.0] 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) None of the offence alleged is punishable with life sentence or death penalty ;

(3) Applicant is behind the bar since 01.01.2026;

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

(5) He is not named in the FIR but based on the statement of co-accused, he has been arraigned as an accused.

(6) No past antecedent.

(7) Co-accused having similarly situated role are enlarged on regular bail and therefore, on the ground of parity also ( Rameshbhai Batubhai Dhabi Vs. State of Gujarat reported in 2011 (3) GLR 1999), present application deserves consideration.

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

[7.0] 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 and keeping the accused behind the bars is nothing but amounts to pre-trial conviction and therefore, considering the celebrated principle of bail jurisprudence is that “bail is a rule and jail is exception” as well as the concept of personal liberty guaranteed under Article 21 of the