The court reaffirmed that bail is the rule and jail is the exception, particularly when the trial is likely to be prolonged and the accused is not facing charges punishable by death or life imprisonment, upholding the right to personal liberty under Article 21.

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.11207025250844 of 2025 registered with Godhra Town “A” Division Police Station, Panchmahal for the offences under Sections 3 (5), 61, 316 (2), 318 (1) (3), 336 (3), 338, 339, 351 (2), 54 of BNS, 2023 .

[3.0] Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence. He submitted that the alleged role of the applicant is that he has introduced accused nos.6 and 7 and facilitated in loan proceedings and acted as a middleman in getting the advance towards the same. He has received the cheque of Rs.6 Lacs towards commission and to pay the said amount, complainant has issued cheque, which is dishonoured. Therefore, notice under Section 138 of NI Act was given and complaint was filed and proceedings came to be initiated. The complainant has also entered into settlement with the co-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 as there are serious allegations against the present applicant. It is also submitted that there is an antecedent of prohibition case against the applicant. Therefore, 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) Co-accused of the applicant are already released on bail;

(2) None of the offence alleged is punishable with life sentence or death penalty;

(3) The complainant has settled the dispute with other accused persons;

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

(5) 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 circumstances of the case and considering the nature of the allegations made again