The present application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection with FIR being C.R. No. 11209056260273 of 2026 registered with Himmatnagar ‘B’ Division Police Station, District Sabarkantha, for the offences under Sections 336(2), 338, 341(1), 341(3), 341(4) and 61(2) of the BNS and Section 65 of the IT Act.
Learned advocate appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated in the offence. Investigation is over and chargesheet has been filed. Nothing is required to be recovered or discovered. The applicant has no past antecedent. Allegation made in the FIR is that, in collusion of accused No.1, the applicant has forged Aadhar Card and interpolated government documents like SEBC certificate, school leaving certificate and after scannign the said documents, edited in Photoshop software and uploaded the same on UIDAI portal. Muddamal is already recovered from the house of accused No.1. He therefore submits that, considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
Learned APP appearing on behalf of the respondent-State has opposed the present application and requested to dismiss the present application for regular bail on the ground that the applicant and co-accused have in collusion of each other interpolated government records and uploaded on governmental portal. Thereby, committed offence as alleged against him. Therefore, present application does not deserve consideration.
While granting bail, the Court has to consider the involvement of the accused in the alleged offence, the jurisdiction to grant bail has to be exercised on the basis of the well settled principles having regard to the facts and circumstances of each case and the following factors are to be taken into consideration while considering an application for bail: (i) the nature of accusation and the severity of the punishment and the nature of the materials relied upon by the prosecution; (ii) reasonable apprehension of tampering with the witnesses and threat to the complainant or the witnesses; (iii) reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of his abscondence; (iv) character behaviour and standing of the accused and the circumstances which are peculiar to the accused; (v) larger interest of the public or the State and similar other considerations are required to be considered.
I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. Following aspects have been considered:
- Investigation is over and charge-sheet is filed;
- Applicant is behind the bar since 23.03.2026;
- There is nothing to be recovered or discovered from the applicant;
- Offence is triable by JMFC Court ;
- No past antecedent ;.
- Obviously commencement and conclusion of trial will take its own time.
- Considered the quantum of punishment.
In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, 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 regular bail in connection with FIR being C.R. No. 11209056260273 of 2026 registered with Himmatnagar ‘B’ Division Police Station, District Sabarkantha on executing a personal 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/she shall;
- not take undue advantage of liberty or misuse liberty;
- not act in a manner injurious to the interest of the prosecution & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;
- surrender passport, if any, to the Trial Court within a week;
- not leave the State of Gujarat without prior permission of the Trial Court concerned;
- mark presence before the concerned Police Station once in every month for a period of six months between 11.00 a.m. and 2.00 p.m.;
- furnish the Aadhaar card, email ID/present address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence/ contact number without prior permission of Trial Court;
- not to indulge in any illegal activity failing which learned trial Court shall issue warrant and cancel the bail of the 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 Judge concerned will be free to issue warrant or 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 trial, the trial Court shall not be influenced by the observations of preliminary nature qua the evidence at this stage made by this Court while enlarging the applicant on bail.