Oral Order
1. Heard learned advocate Mr. Nayan L. Gupta with learned advocate Mr. Hitesh L. Gupta appearing on behalf of the applicant and learned Additional Public Prosecutor Mr. Soaham Joshi 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. 11201005250003 of 2025 registered with CID Crime Vadodara Zone Police Station, Vadodara for the offence punishable under Sections 406, 409, 420, 467, 468, 471, 474, 114, 120(B) of the IPC, 1860 and Sections 13(1)(A), 13(1)(B), 13(2), 7(A) of the Prevention of Corruption (Amendment) Act, 2018.
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, further incarceration of the applicant will not benefit the Investigation Officer in any manner. 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 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 applicant is a permanent resident of Aravalli district, hence would be available at the time of trial;
ii. The investigation is over and charge-sheet has been filed;
iii. Learned advocate for the applicant has placed on record the photocopies of receipts dated 05.05.2026 and 30.06.2026 of Rs. 12 lakhs and Rs. 23 lakhs respectively, having being deposited with the concerned court at Lunawada;
iv. The apprehension of the learned APP, as regards the non- availability of the applicant during the trial can be put to rest by imposing stringent condition.
v. Learned advocate for the applicant submits that, others co- accused who too were charged with miss-appropriation of government funds, have been considered for regular bail and they have deposited some amounts with the 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 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. 11201005250003 of 2025 registered with CID Crime Vadodara Zone Police Station, Vadodara, on executing a bail 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 to the conditions that he 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 his passport, if any, to the trial court within a week, and if he does not possess a passport, he shall file an affidavit to that effect;
[d] not leave India without prior permission of the Trial Court concerned and whenever the applicant leaves the State of Gujarat, he shall give a prior intimation to the concerned investigation officer;
[e] furnish the present address of his residence to the I.O. and to the Court at the time of execution of the bond and shall not change his residence without prior intimation to the I.O. and the court;
[f] mark his presence once a week before the concerned police station for a period of two years;
[g] not indulge in similar kind of offence hereinafter, for which, he shall file an affidavit before the concerned court and the police station.
9. The Authorities will release the applicant only if he 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 at liberty to take appropriate action in accordance with law.
10. Bail bond to be executed before the trial 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.
11. At the stage of trial, the competent 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 enlarging the applicant on regular bail.
12. The amount of Rs. 35 lakhs which is deposited by the applicant before the trial court shall be invested in fixed deposit with a nationalized bank, for a period of three years initially and therefore, shall be renewed till the completion of the trial. The trial court shall decide the claim of the parties at the time of judgment and shall pass necessary order for disbursement of the said amount, considering the evidence on record.
13. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.
