The court granted bail under BNSS Section 483, emphasizing the need for strict conditions due to the Applicant's criminal history and the nature of allegations.

ORDER :

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

2. The Applicant has filed this Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for enlarging the Applicant on Regular Bail in connection with FIR being C.R. No. 11203004240546 of 2024 registered with ‘C’ Division Junagadh Police Station. Junagadh.

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

4. Learned Advocate for the Applicant has submitted that the Applicant has good reputation in the society and no useful purpose would be served by keeping the applicant in jail for indefinite period. It is further contended that the applicant is 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 investigation of the offence is still in progress. The present applicant is a hard-core criminal and there are as many as 107 antecedents against the present applicant, therefore the provisions of GUJCTOC has been invoked against him. The investigating agency had sought an extension for filing of charge-sheet and the said application was filed before learned Special Court and learned Special Court had issued notice to the applicant, however the present applicant had chosen not to remain present before learned Special Court in the said proceedings and therefore, the time for prosecution for filing the charge-sheet has been extended. Learned APP therefore submitted that looking to the nature and gravity of offence, this Court may not exercise the discretion in favour of the applicant and the application may be dismissed.

6. Heard learned advocates for the respective parties and perused the record. As per the case of prosecution, the son of the present applicant was riding on a motorcycle and was blowing horn necessarily and therefore the son of the applicant was reprimanded by the police authorities and on that issue a quarrel had taken place between the present applicant, other co-accused and the police personnel, wherein the applicant is alleged to have given kicks and fists blows to the police personnel. The incident alleged in the FIR does not appear to have taken place in furtherance of common object of the Syndicate.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 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 7.10.2024.

(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 Applicant Accused at the time of Trial etc. and the role attributed to the present Applicant 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 Applicant Accused is ordered to be released on bail in connection with the aforesaid FIR on executing a personal bond of Rs.10,000/- 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 acq