The court may grant bail after considering the gravity of the offense, the applicant's history of absconding, and the conditions necessary to ensure trial attendance.

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. 269 of 2008 registered with Sachin Police Station. Surat.

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 offence in question was registered in the year 2008 whereas the applicant came to be apprehended in connection with the said offence on 22.6.2024. The applicant had absconded for a period of 16 years and could be apprehended only after the proceedings under Section 82 of the Cr.P.C. were initiated against him. Therefore, there are all chances that if the applicant is enlarged on bail, the applicant would not be available for the purpose of trial. There is an active participation on part of the present applicant in commission of the offence in question. 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. From the record it appears that the investigation is over and charge-sheet has been filed. As per the case of prosecution, the present applicant was travelling with the victim in the car and is alleged to have assaulted the victim and had looted him of valuable articles belonging to the victim. 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 22.6.2024.

(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 the applicant shall:

(a) not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or any Police Officer or tamper with the evidence.

(b) maintain law and order and not to indulge in any criminal activities.

(c) furnish the documentary proof of complete, correct and present address of residence to the Investigating Officer