The court established that bail can be granted by considering the applicant's reputation, absence of prior offenses, and the nature of allegations, while imposing strict conditions to mitigate risks.

ORDER :

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. 11993003250096 of 2025 registered with Anjar Police Station, Kachchh.

2. Heard learned Advocate for the Applicant, learned APP for the Respondent – State and learned Advocate appearing on behalf of the Original Complainant.

3. Rule. Learned APP waives service of notice of Rule on behalf of the Respondent - State and learned Advocate Mr. Kishan K. Nayi waives service of notice of Rule on behalf of the Original Complainant.

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 opposed the present application for grant of regular bail contending that the Applicant along with the other co-accused had ransacked the premises of the first informant and had committed loot of Rs.22000/-. The Applicant had also caused damage to the Trucks which were parked outside the garage of the first informant. He further submitted that the investigation of the offence is still in progress. 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.

6. Learned Advocate Mr. Kishan K. Nayi appearing on behalf of the Original Complainant has also opposed the Application contending that the Applicant was interrested in getting the first informant evicted from the premises in question and therefore at the first instance administered threats to the first informant and thereafter the present offence had taken place wherein the Applicant had caused damage to the Trucks which were standing outside the garage of the first informant and had looted an amount of Rs.22000/-. The investigation of the offence is still in progress. He therefore prayed to dismiss the present Application.

7. Heard learned Advocates for the parties and perused the record. From the record it appears that there was some dispute between the parties as regards the place where the incident had taken place. The Applicant is alleged to have caused damage to the Trucks which were standing outside the garage of the first informant and committed a loot of Rs.22000/-. The Applicant does not appear to have any other antecedent. Considering these aspects, 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 2.02.2025.

(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