The court established that the right to bail can be granted even in cases of prior absconding, provided the accused demonstrates a commitment to participate in the judicial process.

ORDER

1. The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in judicial custody in connection with Criminal Case No.1445/2018 pending before the Special Judicial Magistrate, (N.I. Act Cases), No.6, Udaipur under Section 138 of the Negotiable Instrument Act. The bail application of the petitioner was rejected by learned Additional Sessions Judge No.3, Udaipur by order dated 01.12.2021 in Criminal Misc. Case No.2499/2021 under Section 138 of the Negotiable Instrument Act.

2. Heard and considered the arguments advanced by learned counsel for the petitioner as well as learned Public Prosecutor. Perused the material available on record.

3. Learned counsel for the petitioner stated that accused- petitioner could not appear before the learned trial Court due to some unavoidable reasons on 30.03.2015, therefore, the petitioner has been declared absconder and his bail bonds were forfeited; thereafter, accused-petitioner was arrested on 29.11.2021; charges were already framed on 06.07.2015; the petitioner now assures that he will appear before the trial Court on every date of the hearing; further trial will take long time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the petitioner.

4. Per contra learned Public Prosecutor has opposed the bail application of the accused-petitioner and stated that due to absence of the accused-petitioner, proceeding of the trial has been affected since last six years.

This is a matter of bail jump.

5. Having regard to the facts and circumstances of the case, particularly looking to the fact that offences are triable by Magistrate; charges were already framed; and trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

6. Consequently, the bail application is allowed. It is ordered that the petitioners - Puran S/o Pyare Lal, who is in judicial custody in connection with Criminal Case No.1445/2018 titled as Jitesh Jain Vs. Puran pending before the Special Judicial Magistrate, (N.I. Act Cases), No.6, Udaipur under Section 138 of the Negotiable Instrument Act, shall be released on bail if not wanted in any other case; provided he furnishes a personal bond of Rs.60,000/- with two surety bonds of Rs.30,000/- (one surety shall be of close relative/blood relative ) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.