Regular bail may be granted after the filing of a charge-sheet in fraud cases, particularly when the applicant demonstrates a willingness to provide financial restitution to the victims and has spent a significant period in custody.

ORAL ORDER

1. Heard learned Advocate Mr. Faizal F. Meman appearing on behalf of the applicant and learned Additional Public Prosecutor Mr. Hardik Mehta appearing on behalf of the respondent-State.

2. Rule. Learned APP waives service of rule on behalf of the respondent-State.

3. 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. 11199039260053 of 2026 registered with Palej Police Station, District Bharuch, for the offence punishable under Sections 409, 420 of the Indian Penal Code.

4. Learned advocate for the applicant would submit that considering the role attributed to the applicant, and nature of the allegation levelled, the applicant may be enlarged on regular bail. It is further submitted that since the charge-sheet is filed, 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.

5. As against the same, learned Additional Public Prosecutor appearing for the respondent – State has vehemently objected to the grant of regular bail. Learned APP has submitted that looking to the nature of offence and the role attributed to the present applicant as coming out from the charge-sheet, this Court may not exercise the discretion in favour of the applicant and the application may be dismissed.

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

i. Allegation being that the accused had defrauded the complainant and other persons by taking large sum in the guise of getting them Visa and employment at various countries outside India and whereas the applicant not getting the Visa etc.

ii. It would appear in this regard that while the Investigation has revealed that the present applicant has defrauded victims including the complainant to the tune of Rs. 97,50,000/- and whereas it would appear that except for the complainant, who has been allegedly defrauded of an amount of Rs.9,00,000/-, all other victims had been provided with chaques by the present applicant and whereas the cheques having been submitted, the same having been dishonoured, complaints under Section 138 of the NI Act having been preferred by the victims.

iii. Insofar as the complainant is concerned, learned Advocate Mr. Meman, under instructions, submits that the applicant is ready and willing to deposit an amount of Rs. 9,00,000/- with the learned Trial Court, i.e. Rs. 5,00,000/- as pre-condition for his release on bail and the remaining amount of Rs. 4,00,000/- within a period of two months after the date of his release on bail.

iv. Considering the above, more particularly having regard to the fact that the applicant is in custody since 31.01.2026 and the charge-sheet having been filed, this Court is inclined to consider this application. This Court has taken into consideration the law laid down by the Hon’ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation reported in [2012] 1 SCC 40

7. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the First Information Report, without discussing the evidence in detail, prima facie, this Court is of the opinion th