The court established that bail may be granted based on the assessment of prima facie case, custody duration, and risk of tampering with evidence, with conditions imposed to ensure compliance.

ORDER :

M. R. MENGDEY, J.

1. Rule. Learned APP waives service of Rule on behalf of the Respondent State.

2. The applicants have filed this Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita ( BNSS ) for enlarging the applicants on Regular Bail in connection with FIR being C.R. No. 11186009240825 of 2024 registered with Veraval Police Station. Gir Somnath.

3. Heard learned Advocate for the applicants and learned APP for the Respondent –State.

4. Learned Advocate for the applicants has submitted that the applicants have good reputation in the society and no useful purpose would be served by keeping the applicants in jail for indefinite period. It is further contended that the applicants are ready and willing to abide by all the conditions that may be imposed by this Court if released on bail.

5. Per contra, learned APP has vehemently opposed the present application for grant of regular bail contending that the applicants had stolen the muddamal articles from the premises belonging to the first informant. Moreover, there are other antecedents against the present applicants for commission of similar nature of offences. Learned APP therefore submitted that looking to the nature and gravity of offence, this Court may not exercise the discretion in favour of the applicants and the application may be dismissed.

6. Heard learned advocates for the respective parties and perused the record. From the record it appears that the investigation is over and charge-sheet has been filed. As per the case of prosecution, the present applicants had entered the premises belonging to the first informant and had thereafter committed theft of valuable articles worth Rs.1,76,000/-. Considering the same, the application deserves consideration.

7. This court has considered the following aspects:

(a) As per catena of decisions of Hon’ble Supreme Court, there are mainly 3 factors which are required to be considered by this court i.e. prima facie case, availability of applicants accused at the time of trial and tampering and hampering with the witnesses by the accused.

(b) That the learned Advocate for the applicants has submitted that the applicants Accused are not likely to flee away.

(c) That the applicants are in custody since 16.10.2024.

(d) The law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. C.B.I. Reported in (2012) 1 SCC 40 .

8. Having heard the learned Advocates for the parties and perusing the record produced in this case as well as taking into consideration the facts of the case, nature of allegations, gravity of accusation, availability of the applicants Accused at the time of Trial etc. and the role attributed to the present applicants accused, the present Application deserves to be allowed and accordingly stands allowed. This Court has also gone through the FIR and police papers and also the earlier order passed by the learned Sessions Court where the learned Sessions Judge has disallowed the bail Application at initial stage. The applicants Accused are ordered to be released on bail in connection with the aforesaid FIR on executing a personal bond of Rs.10,000/- (EACH) with one surety of the like amount to the satisfaction of the trial Court, subject to the following conditions that he shall:

(a) not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or any Police Officer or tamper with the evidence.

(b) maintain law and order and not to indulge in any criminal activities.

(c) furnish the documentary proof of complete, correct and present address of residence t