Court granted regular bail considering the applicant's prolonged custody and partial compliance with bail conditions, emphasizing discretion based on individual circumstances.

ORDER :

1. Heard learned Senior Advocate Mr.I.H.Syed for learned advocate Mr.Aniq Kadri appearing on behalf of the applicant and learned Additional Public Prosecutor Mr.Ronak Raval appearing on behalf of the respondent-State.

2. Rule. Learned APP waives service of rule on behalf of the respondent-State.

3. 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. 11210048210445/2021 registered with Umra Police Station, Surat for the offence punishable under Sections 406 , 420, 409, 114 of the IPC .

3.1. The applicant having been arraigned as an accused in connection with the aforementioned offence, had approached this Court for being released on regular bail and whereas, the learned Coordinate Bench vide order dated 06.08.2021 in Criminal Misc. Application No.11190/2021 had directed the release of the present applicant more particularly upon condition that the applicant would deposit an amount of Rs.45,00,000/- before the learned Sessions Court within a period of two months.

3.2. It would appear that the applicant could not comply with the said condition for a substantially long period of time inasmuch as, out of Rs.45,00,000/-, the applicant had deposited an amount of Rs.10,00,000/- and whereas, he could not deposit the remaining amount, resulting in the original complainant filing an application for cancellation of bail before this Court and whereas, a learned Coordinate Bench of this Court, vide order dated 07.03.2023 in Criminal Misc. Application No.20261/2021 had directed the cancellation of bail.

3.3. It would appear that the present applicant had challenged the order passed by the learned Coordinate Bench before the Hon’ble Apex Court by preferring Special Leave Petition (Criminal) No.15706/2023 and whereas, the Hon’ble Apex Court vide order dated 24.04.2023 had confirmed the order passed by the learned Coordinate Bench canceling the bail. It also requires to be observed that the Hon’ble Apex Court had further granted liberty in favour of the applicant that if the application for regular bail is preferred, the same would be considered by the concerned Court in accordance with law.

3.4. It would appear that the applicant had thereafter surrendered on 24.06.2024 (though mentioned in the application as 16.10.2024) and whereas, the applicant had preferred an application for being released on regular bail before the learned Sessions Court and whereas, the learned Sessions Court vide an order dated 10.12.2024 had rejected the application in question. The applicant being aggrieved by the said order, has approached this Court by preferring the present application.

4. Learned advocate for the applicant would submit that considering the role attributed to the applicant, and nature of the allegation levelled, the applicant may be enlarged on regular bail. It is further submitted that since the charge- sheet is filed 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. As against the same, learned Additional Public Prosecutor appearing for the respondent-State has vehemently objected to the grant of regular bail. Learned APP has submitted that looking to the nature of offence and the role attributed to the present applicant as coming out from the charge-sheet, this Court may not exercise the discretion in favour of the applicant and the application may be dismissed.

6. I have heard learned advocates appearing on behalf of the respective parties and perused the papers