The court exercised discretion to grant bail under Section 483, imposing conditions to ensure the applicant's presence during trial due to prior absconding and lack of trial progress.

ORDER :

(M.R. MENGDEY, J.)

1. RULE. Learned APP waives service of rule for the respondent-State.

2. The present application is filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhit, 2023, for regular bail in connection with FIR being C.R.NO. 46 of 2003 registered with Bagodara Police Station, Ahmedabad.

3. Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

4. Learned APP has opposed the present application, inter alia, contending that earlier, the applicant was enlarged on bail and after being enlarged on bail, the applicant did not remain present before the concerned Trial Court had absconded for longer period, and therefore, there is an apprehension that if the applicant is again ordered to be enlarged on bail, there are all chances that he may not be available for the purpose of trial. She, therefore, submitted to dismiss the present application.

5. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. In present case, the investigation is over and charge-sheet has been filed. From the record, it appears that the applicant had earlier preferred Criminal Misc. Application No.593 of 2024, which was allowed to be withdrawn by this Court vide order dated 11.01.2024 and while allowing the applicant to withdraw the said application, liberty came to be granted in favour of the applicant to file an application afresh after the period of 6 months, if there was no progress in the trial. Thereafter, the present application has been filed. This Court, vide order dated 28.02.2025 had called for the report from the concerned Trial Court as regard the status of trial and accordingly, the concerned Trial Court has submitted its report as regard the status of trial which indicates that there has been no progress at all in the trial. The applicant has been arrested in connection with the present offence on 07.10.2023.

6. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation, reported in [2012]1 SCC 40.

7. 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.

8. Hence, the present application is allowed. The applicant is ordered to be released on regular bail, on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;

(a) not take undue advantage of liberty or misuse liberty;

(b) 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;

(c) surrender passport, if any, to the Trial Court within a week;

(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;

(e) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. and 2.00 p.m.;

(f) furnish the 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 without prior permission of Trial Court;

9. 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.

10. Bail bond to be executed before the lower Court having jurisdiction to try the case. It will be open for the concerned Court to