The court may grant bail under Section 439 considering the nature of the offence, previous absences, and ensuring the accused's presence at trial.

ORDER :

M. R. MENGDEY, J.

1. Rule. Learned APP waives service of notice of Rule on behalf of respondent-State.

2. This application is filed under Section 439 of the Criminal Procedure Code, 1973 for regular bail in connection with F.I.R. No.11191037210889 of 2021 registered with Odhav Police Station, District Ahmedabad.

3. Learned advocate for the applicant has submitted that considering the nature of offence and role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.

4. The learned APP appearing for the respondent State has vehemently submitted that after being enlarged on bail, the applicant did not remain present before the concerned trial Court. Therefore, non-bailable warrant came to be issued against the present applicant. On the basis of said warrant, the applicant was apprehended. If the applicant is enlarged on bail, he may not be available for the purpose of trial. Learned APP has, therefore, submitted that the offences which have been charged, are serious in nature and looking to the facts as well as the allegations levelled against the applicant, no discretion is required to be exercised.

5. Heard learned advocates appearing for the parties and perused the material available on record. From the record it appears that the investigation is over and Charge-sheet has already been filed. From the record it appears that earlier, the applicant was enlarged on bail by this Court. Thereafter, the applicant did not remain present before the concerned Court on two occassions. Therefore, non-bailable warrant came to be issued against the present applicant. Having regard to these facts, the present application deserves to be allowed.

6. This court has also 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 Applicant accused at the time of trial and tampering and hampering with the witnesses by the accused.

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

(c) That the Applicant is in custody since 23.01.2024.

(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 .

7. In the facts and circumstances of the case and considering the nature of allegations made in the FIR and without discussing the evidence in details as well as without going into details, prima-facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with the aforesaid FIR, on executing a bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that;

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

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

(c) shall furnish the documentary proof of complete, correct and present address of residence to the Investigating Officer and to the Trial Court at the time of executing the bond and shall not change residence without prior permission of the trial Court.

(d) shall provide contact numbers as well as the contact numbers of the sureties before the Trial Court. In case of change in such numbers inform in writing immediately to the trial Court.

(e) shall file an affidavit stating immovable properties whether self acquired or ancestral with description, location and present va