The present applicant is filed under Section 483 of the “BNSS” for regular bail in connection with FIR being C.R.No.11193017220207 of 2022 registered with Damnagar Police Station, Amreli, for the offences under Sections 308, 279, 336, 427, 504, 506(2), 114 of the IPC and Sections 177, 184, 134 of the MV Act.
Learned advocate appearing on behalf of the applicant submits that the applicant was enlarged on bail in Criminal Misc. Application No.144 of 2022. Subsequently, after investigation, the case was culminated in Sessions Case No.555 of 2024. As present applicant failed to attend the court proceedings regularly due to his illness, non-bailable warrant came to be issued and he is arrested as he has breached the conditions imposed at the time while he was released on bail. Further, upon instructions, learned advocate for the applicant submitted that there was no malafide intention and due to ailment he was not attending the court proceedings regularly and he will regularly attending the court proceedings. 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 is very much involved in the present offence and considering the gravity of offence, no case is made out to entertain present bail application. Further, present applicant has failed to comply with the conditions imposed by the learned court below. If the applicant is released on bail, possibility cannot be ruled out that the applicant will flee from justice. 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. Allegation against the present applicant is that he has failed to attend the court proceedings. Upon instructions, learned advocate for the applicant submitted that due to ailment, the applicant was not attending the court proceedings regularly and there was no malafide intention for the same and assures on behalf of the applicant that the applicant will regularly attend the court proceedings. Following aspects have been considered:
(1) Investigation is over and charge-sheet is filed;
(2) Applicant is behind the bar since 10/06/2026;
(3) There is nothing to be recovered or discovered from the applicant;
(4) Obviously commencement and conclusion of trial will take its own time;
(5) Prosecution has failed to point out the circumstances to continue or prolong his detention.
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.11193017220207 of 2022 registered with Damnagar Police Station, Amreli, 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; 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; 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
- regularly attend the court proceedings and at the event of absence, mark presence through advocate.
- it is open for the learned sessions court to impose any further condition to secure presence of the applicant during the trial.
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.