Punjab and Haryana High Court Grants Bail to Sanjay Gordhanbhai Darji Despite Allegations of Fraud
Court Emphasizes the Importance of Personal Liberty and Rejects Denial of Bail Based on Lack of Permanent Residence
In a significant ruling, the Punjab and Haryana High Court has granted bail to Sanjay Gordhanbhai Darji, who was accused of fraud involving substantial monetary amounts. The court, presided over by Justice Anoop Chitkara, highlighted the importance of personal liberty under Article 21 of the Indian Constitution and rejected the state's argument that Darji's lack of a permanent residence justified the denial of bail.
The allegations against Darji included charges under Sections 406, 420, 468, and 120-B of the Indian Penal Code, linked to a fraudulent transaction involving Arecanut Supari valued at nearly 20 lakh INR. Despite the serious nature of these allegations, the court noted that Darji has no prior criminal record and has been in custody since May 2025.
Addressing the state's concern about Darji being a flight risk due to his lack of a permanent address, the court observed that in the modern era, many individuals do not have fixed residences due to high property prices. It further stated that denying bail solely on this basis would be unjust, and underlined that the philosophy of bail should balance the presumption of innocence with societal interests, as well as avoid pre-trial incarceration becoming a substitute for post-conviction punishment.
The court also addressed concerns raised by the complainant about Darji potentially fleeing if granted bail. It emphasized that personal liberty should not be curtailed on unproven allegations, and stressed that the law of bail should ensure the accused's presence at trial without unduly restricting their freedom.
In granting bail, the court imposed several conditions on Darji, including a bond of INR 10,000, and stipulated that any violation, such as committing a non-bailable offense punishable with imprisonment exceeding seven years, could lead to bail cancellation.
This decision reinforces the judiciary's commitment to upholding personal liberty while ensuring justice is served, setting a precedent for similar cases where the accused lack permanent residences.
Bottom Line:
Bail granted despite allegations of fraud and lack of permanent residence, considering clean antecedents, pre-trial custody, and purpose of bail as protecting liberty under Article 21 of the Constitution.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483, Article 21 of the Constitution of India, Indian Penal Code Sections 406, 420, 468, 120-B.
Sanjay Gordhanbhai Darji v. State of Haryana, (Punjab and Haryana) : Law Finder Doc Id # 2786752
