Bail is a rule and jail is an exception. Once the investigation is complete and the charge-sheet is filed, prolonged pre-trial detention constitutes an unauthorized punitive measure against the principle of personal liberty, provided the accused does not pose a specific risk to the judicial process.

ORDER

1) RULE. Learned APP waives service of rule for the respondent-State.

2) The present application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection with FIR being C.R. No.11206050210344 of 2021 registered with Nandasan Police Station, District - Mahesana for the offences under Sections 65(A)(E), 81, 83, 98(2) and 116B of the Gujarat Prohibition Act and under Sections 465 , 467, 468, 471 and 473 of the Bharatiya Nyaya Sanhita.

3) 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. Investigation is over and charge-sheet has been filed. The applicant has 53 past antecedents. He therefore submits that, considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

4) 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 the applicant is involved in transporting IMFL worth Rs.40,23,960/- and is having 56 past antecedents. There is every possibility that, if the applicant is released on bail, he will indulge in similar offences and try to tamper with the evidence. Therefore, present application does not deserve consideration.

5) 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) 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) Offences are triable by the Court of JMFC;

(3) Applicant is behind the bars since 29.07.2025;

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

(5) The applicant is having 56 past antecedents however the accused is governed by presumption of innocence unless and until proved guilty;

(6) Co-accused of the applicants are released on bail;

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

7) 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 nothi