Regular bail may be granted where allegations of extortion are prima facie unsustainable because the accused was seeking recovery of a legitimate loan, particularly when the accused is a young person with no criminal antecedents.

ORAL ORDER

1. Heard learned advocate Mr.M.M.Barot appearing on behalf of the applicant and learned Additional Public Prosecutor Mr.J.K.Shah 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. 11202002260602/2026 registered with City C-Division Police Station, Jamnagar for the offence punishable under Sections 308(5), 352, 54 of the BNS and Sections 39, 40, 41, 42 of the Gujarat Money Lenders Act.

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 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, 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. The allegation under the FIR being for offence punishable under Section 308(4) of the BNS etc. and whereas, it would appear that the allegation in the FIR prima facie are not co-relatable with the offence in any manner whatsoever.

ii. It would appear in this regard that the complainant himself in the FIR states that he had taken money from the present applicant on loan.

iii.The present applicant alleged to be the money lender and whereas, the allegation being that the present applicant had threatened the complainant for return of the money, probably with a higher rate of interest.

iv. Prima facie, as observed hereinabove, the allegation of extortion could not be alleged against the present applicant, more particularly, since the present applicant was seeking return of money which the applicant had lent to the complainant.

v. This Court has also considered the fact that the present applicant is a young person, aged around 26 years, having no antecedent and in custody since 07.04.2026. 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 that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

8. Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with F.I.R. registered as C.R. No. 11202002260602/2026 registered with City C-Division Police Station, Jamnagar, on executing a bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject