IMPORTANT POINT
The accused's non-cooperation with the investigating agency and flouting of bail conditions can lead to the cancellation of bail.

JUDGMENT :

1. Rule. Learned advocate Mr. Kishan Prajapati waives service of notice of rule on behalf of respondent.

2. The present application is preferred under Section 439(2) of the Code of Criminal Procedure, 1973 by the applicant – State of Gujarat for cancellation of bail granted by this Court to the respondent – original applicant in Criminal Misc. Application No.3973 of 2021, wherein vide order dated 01.03.2021, this Court has granted anticipatory bail to the respondent with some conditions in connection with the offence registered against the respondent being C.R. No.11196004201214 of 2020 with Gotri Police Station, Vadodara City.

3. As per the case of the prosecution, above referred FIR was filed for the offences punishable under Sections 65-A, 81, 98(2) and 116-B of the Prohibition Act. Respondent preferred an anticipatory bail application under Section 438 of the Code of Criminal Procedure before this Court wherein after hearing both the parties, this Court vide order dated 01.03.2021 granted anticipatory bail to the respondent, wherein condition No.6(b) is reproduced as under;

“(b) remain present at concerned Police Station on 08.03.2021 between 11:00 a.m. and 2:00 p.m.;”

4. As the respondent has not obeyed the said condition and not remained present before the concerned police Station and flouted the condition, this application has been filed. Moreover, this Court while granting the anticipatory bail application relied upon a submission on behalf of the respondent – accused that he is having three antecedents, which is also reflected in the order, whereas as per the State Monitoring Cell there were 48 antecedents. Therefore, suppression of true facts before the Court is also made ground for cancellation of bail.

5. Heard learned APP Mr. Soham Joshi for the petitioner State and learned advocate Mr. Zubin Bharda for learned advocate Mr. Kishan Prajapati for the respondent – accused.

5.1 Learned APP Mr. Joshi submitted that after granting the bail, the respondent has not followed the conditions imposed by this Court and has not co-operated with the investigation, nor he has remained present before the concerned police station though directed by this Court. It is also submitted that respondent furnished the report of antigen test on 08.03.2021, even thereafter the respondent was intimated to appear before the authority on 26.04.2021 but he has not turned up. On 12.05.2021 also he was intimated to remain present but he has not appeared and thereafter through post, a certificate of SRL Laboratory was sent in the month of June 2021 stating respondent to be Covid positive and that was the reason for his absence.

5.2 It is further submitted that upon making inquiry, it is found that the antigen report form produced by the respondent and the report of SRL laboratory – both the documents were concocted. As such the reason assigned by the respondent for his absence was found to be false. In that event, he has flouted the order of anticipatory bail without any convincing and cogent reason and also he has misrepresented through the advocate that there were only 3 antecedents against him, though 48 antecedents were there. In that event, it is submitted by learned APP to allow the present petition by cancelling the bail of the respondent – accused.

5.3 Learned advocate Mr. Bharda fairly conceded to and not able to defend the accused with regard to breach of conditions as ordered by this Court while granting anticipatory bail. It is also conveyed that at present the respondent is in custody in connection with another offence.

6. Upon hearing the submissions of both the sides, it cannot be denied that conditional order was passed in favour of the respondent with specific date and time. However, he has not remained present. On the other hand, as per the case of the State antigen test report form was sent with the forwarding letter by the respondent accused which does not reveal that whether he was suffering from covid or not. Moreover opport