1. Heard learned senior advocate Mr.J.M.Panchal for learned advocate Mr.Rasesh Parikh for the applicant, learned advocate Mr.Barot for the original complainant and learned Additional Public Prosecutor Mr.H.K.Patel for the respondent – State.

2. By this application filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant is seeking release on regular bail in connection with the FIR being IC.R.No.09 of 2021 registered with CID (Crime) Police Station, Dist.Ahmedabad punishable under Sections 406, 420, 465, 467, 468, 471 and 120B of the Indian Penal Code.

3. Learned advocate for the applicant submitted that, the applicant is not involved in commission of offence as alleged in the FIR and therefore, looking to the role of the applicant and nature of the allegations, the applicant is required to be enlarged on regular bail by imposing suitable terms and conditions.

4. On the other hand, learned APP appearing for the respondent – State vehemently submits that, the offences which have been charged are serious in nature affecting the society at large and looking to the facts as well as the allegations made against the applicant, no discretion would be required to be exercised.

5. In the facts and circumstances of the case and considering the nature of allegations, this Court is of the opinion that, discretion is required to be exercised to enlarge the applicant on regular bail. This Court has considered the following facts while exercising discretion in favour of the applicant :-

(i) the investigation is over and the charge-sheet is filed;

(ii) the applicant is in jail since 09.12.2021;

(iii) learned senior advocate Mr.Panchal, upon instructions from Shri Prahaladbhai S. Patel, who happens to be the father of the applicant, submitted that family of the applicant, on their own volition and irrespective of the outcome of the trial, is ready to pay an amount of Rs.40/- Lakhs (Rupees Forty Lakhs) by way of two demand drafts of Rs.20/- Lakhs (Rupees Twenty Lakhs) each to the complainant viz. Bhanuben D/o. Jesingbhai Chandulal Doshi and her sister viz. Jayamatiben, within a period of two months from today, however, repayment of the aforesaid amount shall not be construed as admission of guilt on the part of the applicant;

(iv) learned advocate Mr.Barot for the complainant is ready and willing to accept the amount on behalf of the complainant viz. Bhanuben D/o. Jesingbhai Chandulal Doshi and her sister viz. Jayamatiben and upon instructions, submitted that complainant viz. Bhanuben D/o. Jesingbhai Chandulal Doshi and her sister viz. Jayamatiben do not have any objection if the applicant is granted bail in view of the fact that he repays the amount of Rs.40/- Lakhs (Rupees Forty Lakhs) to the complainant viz. Bhanuben D/o. Jesingbhai Chandulal Doshi and her sister viz. Jayamatiben; subject to the rights of the complainant viz. Bhanuben D/o. Jesingbhai Chandulal Doshi to prefer appropriate application for recovery of remaining amount before appropriate Court;

(v) learned senior advocate Mr.Panchal, upon instructions, further submitted that after the aforesaid payment of Rs.40/- Lakhs (Rupees Forty Lakhs) is made to the complainant viz. Bhanuben D/o. Jesingbhai Chandulal Doshi and her sister viz. Jayamatiben, thereafter within a period of one year (12 months) further amount of Rs.10/- Lakhs (Rupees Ten Lakhs) will be paid through two different demand drafts of Rs.5/- Lakhs (Rupees Five Lakhs) each to the complainant viz. Bhanuben D/o. Jesingbhai Chandulal Doshi and her sister viz. Jayamatiben.

6. In view of the aforesaid facts, without discussing the evidence in detail, this Court, prima facie, is of the opinion that, this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being IC.R.No.09 of 2021 registered with CID (Crime) Police Station, Dist.Ahmedabad on executing personal bond of Rs.10,000/- (Rupees Ten thousand only) with one surety of the like amount to the satisfaction of the learned 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 injuries to the interest of the prosecution;

[c] surrender passport, if any, to the lower court within a week;

[d] not leave India without prior permission of the Sessions Judge concerned;

[e] furnish latest address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the trial Court;

[f] mark presence before the concerned police station in the first week of every month till the trial is over;

[g] the applicant shall file an undertaking to the effect that he shall repay the amount of Rs.40/- Lakhs (Rupees Forty Lakhs) to the complainant viz. Bhanuben D/o. Jesingbhai Chandulal Doshi and her sister viz. Jayamatiben; within a period of two months from today and thereafter shall repay the amount of Rs.10/- Lakhs [Rupees Ten Lakhs Only] within a period of one year thereafter; within a week from today;

[h] the applicant shall be released only on furnishing the photo-copies of the demand drafts which may be issued in favour of the complainant viz. Bhanuben D/o. Jesingbhai Chandulal Doshi and her sister viz. Jayamatiben along with the receipt thereof duly signed by the complainant viz. Bhanuben D/o. Jesingbhai Chandulal Doshi and her sister viz. Jayamatiben;

[I] it is clarified that the action of the applicant of repaying an amount of sum of rupees, as ordered above by this Court, shall not be construed as an admission of guilt by the trial Court.

7. The Authorities will release the applicant only if the applicant 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 learned 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, learned 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. Rule is made absolute to the aforesaid extent. Direct service is permitted.