Oral Order

1. Heard learned advocate Mr. J.A. Kotecha appearing on behalf of the appellants, learned Additional Public Prosecutor Mr. Hardik Mehta, appearing on behalf of the respondent-State and learned advocate Mr. V.M. Joshi appearing on behalf of the respondent no.2.

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

3. The applicants have 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. 11203004250465 of 2025 registered with 'C' Division Junagadh Police Station, Junagadh, for the offence punishable under Sections 316(2), 318(4), 308(5), 296(b), 351(3) and 54 of the BNS Act and Sections 3(1)(r)(s), 3(2)(v) of the Schedule Case and Schedule Tribe (Prevention of Atrocity) Act, 1989.

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 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.

7. 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. The allegation being that the applicants had duped the complainant by taking money for the purpose of buying a JCB and whereas, neither provided the JCB nor returned the money.

          ii. The allegation is also that upon the complainant going to collect his money, he had been abused, more particularly on basis of his caste by the applicants herein.

          iii. The fact of the allegation as regards under the Schedule Case and Schedule Tribe (Prevention of Atrocity) Act, being to have been stated inside the residence of the applicant.

          iv. The fact of the applicants being in custody since August, 2025 i.e. approximately 8 months.

          v. While the present applicants appears to be habituated in commenting such kind of offence, more particularly there being several antecedents against the present applicants and two FIRs filed subsequently more particularly, the later FIR with the self same allegations as in the present FIR.

          vi. This Court also taken into consideration, the voluntarily statement made by learned advocate Mr. Kotecha that the applicants would jointly deposit an amount of Rs. 3,00,000/- as a pre-condition of the release and Rs. 2,50,000/- within a period of one month after the release with the learned Trial Court.

          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 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. 11203004250465 of 2025 registered with 'C' Division Junagadh Police Station, Junagadh, on executing a bond of Rs.50,000/- (Rupees Fifty Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that they shall;

          [a] not take undue advantage of liberty or misuse liberty;

          [b] not act in a manner injurious to the interest of the prosecution;

          [c] surrender passport, if any, to the lower court within a week;

          [d] not leave the State of Gujarat without prior permission of the Sessions Court concerned;

          [e] furnish the present address of residence to the I.O. and also to the Court at the time of execution of the bond and shall not change the residence without prior intimation to the I.O.;

          [f] to mark their presence once a month for a period of one year, before the concerned police station;

9. Upon the entire amount being deposited learned Trial Court shall have the money invested in a fixed deposit earning reasonable interest. Learned Trial Court shall also take an appropriate decision as regards the disbursement/return/apportionment as per the final outcome of the trial.

10. The Authorities will release the applicants only if they is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Court concerned will be free to take appropriate action in the matter.

11. Bail bond to be executed before the lower court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law.

12. At the stage of trial, the trial court shall not be influenced by any observations of this Court which are of preliminary nature made at this stage, only for the purpose of considering the application of the applicants for being released on regular bail.

13. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.