August Hardev Pandey vs State Of Gujarat

Nikhil S. Kariel, J

Heard learned advocate Mr. Keval R. Dholakiya appearing on behalf of the applicant and learned Additional Public Prosecutor Mr. Manan Maheta appearing on behalf of the respondent-State.

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

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. 11199004240951 of 2024 registered with Ankleshwar City ‘A Division’ Police Station, District Bharuch, for the offence punishable under Sections 467, 468, 465, 419, 420, 471, 177, 203 and 114 of the Indian Penal Code.

Learned Advocate for the applicant would submit that the allegation against the present applicant is that he had lured persons to pay some amount to him for the purpose getting employment to the said persons in the ONGC, more particularly the allegation being that the applicant having given forged appointment letters, had also issued salary to some of the victims of the entire fraud. Learned Advocate would submit that the applicant having been arrested on 27.05.2025 and charge-sheet having been filed and there being no antecedent of the present applicant of being involved in such an offence, this Court may release the present applicant on regular bail. Learned Advocate would also submit that the applicant, without admitting any of the allegations against him, is ready and willing to deposit an amount of Rs. 15,00,000/- with the learned Trial Court to show his bona fide.

As against the same, learned Additional Public Prosecutor appearing for the respondent – State has strongly opposed the grant of regular bail, submitting that large number of persons have been duped in the fraud committed by the present applicant, more particularly the victims, under the lure of getting employment having paid huge sum to the present applicant. Thus submitting learned APP would request this Court may not release the present applicant on regular bail.

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.

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

i. The fact of the charge-sheet having been filed and no further requirement of the present applicant to be retained in custody.

ii. The fact of the applicant having no other criminal antecedents.

iii. The fact that the the applicant, without admitting any of the allegations against him, is voluntarily ready and willing to deposit an amount of Rs. 15,00,000/- with the learned Trial Court to show his bona fide, within a period of three months.

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.

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.

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. 11199004240951 of 2024 registered with Ankleshwar City ‘A Division’ Police Station, District Bharuch, on executing a bond of Rs.25,000/-(Rupees Twenty Five Thousands 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] Mark presence before the concerned Police Station once a month for a period of six months.

[f] furnish the proposed address of residence in the State of Gujarat 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.;

At the end of the trial, the learned Trial Court shall take an appropriate decision as regards the amount which would be deposited by the present applicant.

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.

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.

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.

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