Oral Order
1. Heard learned Advocate Mr. N.K. Majmudar appearing on behalf of the applicant and learned Additional Public Prosecutor Mr. L.B. Dabhi 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 C.I.D. Crime Police Station, Vadodara Zone, Vadodara City, for the offence punishable under Sections 406, 409, 420, 467, 468, 471, 474, 114 and 120-B of the Indian Penal Code and Sections 13(1)(a), 13(1)(b), 13(2) and 7(a) of the Prevention of Corruption 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 since the 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.
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. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-
i. The allegation against the present applicant was that he being a contractual employee, working with the respondent, was responsible for preparing the bills etc. as regards the tender given for ensuring for a scheme "Nal Se Jal Yojna", and whereas the allegation being that inspite of proper work not being done, bills/inflated bills having been sent by the applicant to the higher authority, which had resulted in loss to the State Government.
ii. The charge-sheet reflecting that an amount of Rs. 3,71,501/- having been deposited in the account of the present applicant and whereas it would appear in this regard that learned Advocate for the applicant, under instructions, would submit that the applicant without prejudice to his rights and contentions is ready deposit the said amount of Rs. 3,71,501/- as pre-condition of being released on bail with the learned Trial Court, more particularly the applicant having brought a demand draft for the said amount.
iii. Furthermore, insofar as the submissions made by learned APP that the amount received by the present applicant may have been on the much higher side, considering the total value of the tender was around 15,00,00,000/-, learned Advocate Mr. Majumudar would submit that the applicant without prejudice to his rights and contentions is ready to deposit a further amount of Rs. 3,71,501/- with the learned Trial Court, within a period of two months after his release, and an undertaking to such will be filed by the applicant within a period of one week from the date of his release.
iv. The applicant being in custody since 08.09.2025 and the charge- sheet having been filed by the Investigating Officer. 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. being C.R. No. 11201005250003 of 2025 registered with C.I.D. Crime Police Station, Vadodara Zone, Vadodara City, on depositing an amount of Rs. 3,71,501/- (Rupees Three Lakhs Seventy One Thousand Five Hundred and One Only) as a pre-condition for release on bail with the learned Trial Court and on executing a bond of Rs.100,000/- (Rupees One Lakh only) with one surety of the like amount to the satisfaction of the trial Court and whereas the remaining amount of Rs.3,71,501/- (Rupees Three Lakhs Seventy One Thousand Five Hundred and One Only) shall be deposited with the Trial Court within a period of two months from the date of his release 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.;
[f] mark presence once a month for a period of six months before the concerned police station.
[g] file an undertaking, within a period of one week of his release, before the learned Trial Court as regards deposit of the remaining amount of Rs. 3,71,501/- (Rupees Three Lakhs Seventy One Thousand Five Hundred and One Only) within a period of two months from the date of his release. In case the said amount is not deposited within the stipulated time limit, it would be open for the learned Trial Court to take appropriate action in accordance with law.
[h] upon the amount being deposited, the same shall be invested in a fixed deposit and whereas, the learned Trial Court shall decide appropriately as regards apportionment/ disbursement of the said amount at the time of final outcome of the trial.
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 free to take appropriate action in the matter.
10. 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.
11. 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.
12. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.
