Oral Order

1. Heard learned advocate Mr. Devansh Kakkad for learned Advocate Mr. Priteshkumar Vaghela appearing on behalf of the applicant and learned Additional Public Prosecutor Mr. Manan Maheta 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. 11218009240833 of 2024 registered with Kamlabagh Police Station, District Porbandar, for the offence punishable under Sections 316(5), 318(4), 61(2) of the Bharatiya Nyaya Sanhita, 2023, Section 3 of the Gujarat Protection of Interest of Depositors (in Financial Establishments) Act, and Sections 21 and 23 of the Banning of Unregulated Deposit Schemes Act, 2019 .

4. Learned advocate for the applicant would submit that the present applicant is wrongly implicated in the alleged offence. Learned Advocate 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 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. Having regard to the fact that the applicant has prayed for grant of regular bail, learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.

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

          i. While it would prima facie appear that the present applicant is the main perpetrator of the fraud in relation with which the FIR came to be lodged, yet, as per a report, which has been submitted by the Gujarat Cancer & Research Institute, as per the direction of this Court vide order dated 18.11.2025, it would appear that the present applicant is suffering from 4th Stage of Pancreatic Cancer.

          ii. While learned Advocate Mr. Kakkad would rely upon orders passed by the learned Co-ordinate Benches in cases of co-accused, yet, it would seem that the co-accused being family members of the present applicant, were having less serious role than that of the applicant.

          iii. Having regard to the above, more particularly since it appears that the present applicant is suffering from a life threatening disease and is undergoing treatment, though as noticed hereinabove, this Court is of the prima facie opinion that the applicant is prima facie involved in the alleged offence, yet, on humanitarian consideration, this Court is inclined to consider the present 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.

8. 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.

9. 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. 11218009240833 of 2024 registered with Kamlabagh Police Station, District Porbandar, on executing a bond of Rs.10,000/- (Rupees Ten 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 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.

10. 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 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 applicant 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.