The court emphasized that bail should be granted when trial delays and compliance with conditions outweigh flight risk concerns.

ORDER :

(M.R. MENGDEY, J.)

1. The Applicant has filed this Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the Applicant on Regular Bail in connection with FIR being C.R. No. 11190002221330 of 2022 registered with Botad Police Station, Botad.

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

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

3. 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.

4. Per contra, learned APP has opposed the present application for grant of regular bail contending that the other co-accused who happens to be the brother of the present Applicant, when ordered to be enlarged on Parole Leave had absconded. Therefore, there is an apprehension that the Applicant may also not be availeble for the purpose of trial if ordered to be enlarged on bail. He further submitted that the Applicant had actively participated in commission of the offence in question. The Applicant had preferred Criminal Miscellaneous Application No. 3733 of 2024 which was allowed to be withdrawn vide order dated 28.02.2024. Thus, the present is a successive Bail Applicationf which is not required to be entertained. He also further submitted that the trial of the Gujarat Control of Terrorism and Organised Crime Act ("GCOTOC Act") has commenced and is stated to come upon Board on 20th March 2025 for the purpose of submission of delist by the prosecution. Thus, the trial of the GCOTOC Act may commence in the near future. Learned APP has therefore submitted that looking to the nature of offence, this Court may not exercise the discretion in favour of the applicant and the Application may be dismissed.

5. Heard learned Advocates for the parties and perused the record. The investigation is over and charge sheet is filed. The Applicant has been arrested in connection with the present offence on 7.08.2022 and since then the Applicant is in the custody. The Applicant had earlier preferred Criminal Misc. Application No. 3733 of 2024 which was allowed to be withdrawn by this Court vide order dated 28.02.2024. While allowing the Applicant to withdraw the said Application, a liberty came to be granted in favour of the Applicant to file fresh Application after a period of nine months if the Trial did not progress satisfactorily during the said period.

5.1 It is brought to the notice of this Court that the learned Special Court vider order 8.04.2023 has ordered to stay the proceedings of the present Trial under the provisions of Section 10 of the GCOTOC Act and there are no chances of the trial of the present offence conclude in near future. Considering the aforesaid facts and circumstances of the case, the Application deserves consideration. 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 7.08.2022.

(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.

6. 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 Appli