Bail should be granted when the investigation is complete, the charge-sheet is filed, and the offence does not carry a life sentence or death penalty, adhering to the principle that "bail is a rule and jail is exception" to protect personal liberty under Article 21.

ORDER

[1.0] Heard Mr.Dhruvin U. Mehta, learned counsel for the applicant and Mr.Rohan Raval, learned APP for the respondent State.

[2.0] The present regular bail 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. 11210056252732 of 2025 registered with Dindoli Police Station, Surat for the offence under Sections 317(4), 318(4), 61(2) and 3(5) of BNS and Sections 66(D) of the IT Act.

[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. Charge-sheet has been filed. 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 Additional Public Prosecutor appearing on behalf of the respondent – State has opposed grant of bail on the ground present applicant is involved in the offence and has submitted that the present application on the ground that 35 complaints are received against the present applicant in connection with the said amount. Hence, he requested this Court the present application be dismissed.

[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 bars since 22.02.2026;

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

(5) The fact that the role of the present applicant is that he acted as a middleman and received one account kit and handover over to one Kishan in turn and co-accused Dallu.

(6) As learned APP has opposed the present application on the ground that 35 complaints are received against the present applicant in connection with the said amount, but it is needless to say that the said complaints are in connection with the Indian Overseas Bank and he has connection with the Bandhan Bank account.

(7) 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 Constitution of India, present application deserves consideration.

[8.0] In the facts and circums