A successive bail application must demonstrate a change in circumstances to be considered; otherwise, it may be dismissed.

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. 11215006230386 of 2023 registered with Borsad City Police Station, Anand.

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

3. Leanred Advocate for the Applicant submitted that the Applicant had earlier preferred Criminal Miscellaneous Application No. 23352 of 2023 which was allowed to be withdrawn vider order dated 11.01.2024 granting liberty in his favour to file fresh Application after a period of nine months if the Trial do not proceed in the meantime. The Trial thereafter has not proceed any further. He further submitted that the role attributed to the present Applicant is of merely assisting the other co-accused. The Applicant has not inflicted any injury to the deceased. 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 and 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. At the outset it is required to be noted that the Applicant had earlier preferrned Criminal Miscellaneous Application No. 23352 of 2023 which was allowed to be withdrawn vider order dated 11.01.2024 as the Court was not inclined to exercise discretion in favour of the Applicant. However, liberty to file fresh Application after a period of nine months was granted by this Court in his favour, if the Trial do not proceed in the meantime. Thereafter the Applicant had approached the learned Sessions Court by filing Criminal Misc. Application No. 1074 of 2024. The said Application came to be dismissed vide order dated 18.10.2024. While dismissing the said Application, the learned Sessions Court has observed that the Trial could not proceed and the charge could not be framed against the Applicant since the Applicant had not engaged an Advocate in his defence. It is also further observed by the learned Sessions Court that though the assistance from Legal Aid Counsel was given to the Applicant, the Applicant had refused to accept the same and had also not engaged a private Advocate. Thus the trial appears to have been delayed at the behest of the present Applicant since he has not engaged any Advocate.

6. So far as the aspect of merits is concerned, the merits of the case had already been considered at the time of considering the earlier bail application being Criminal Misc. Application No. 23352 of 2023. Thereafter the present being a successive bail application, there being no change in circumstances, the same deserves no consideration. Hence dismissed.