The court emphasized that bail should be granted based on the accused's health, prior bail status, and assurance to attend trial, considering the nature of the allegations.

ORAL ORDER

1. RULE. Learned APP waives service of rule for the respondent-State.

2. The present application is filed under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection with FIR being C.R. No.11210030210650 of 2021 with Mahidharpura Police Station, Surat for the offences punishable under Sections 370(2), 370(4) , 114 , 465 , 467 , 471 , 120(B) of the Indian Penal Code, 1860 (for short “ IPC ”) / The Bharatiya Nyaya Sanhita, 2023 (for short “BNS”), Section 3 and 6 of the Indian Passport Rules, 1950 Section (3)(1)(2)(A)(J) 14 of the Foreigners Act, 1946 and Sectio12(1)(B) of the Passport Act .

3. The learned advocate appearing on behalf of the applicant submits that the applicant has no involvement in the offence and has been falsely implicated. It is submitted that the applicant was initially arrested in connection with the offence and was granted bail by the Coordinate Bench of this Court on 09.12.2021 in Criminal Misc. Application No. 17800 of 2021. The case was registered as Sessions Case No. 795 of 2021, pending before the Sessions Court, Surat. Due to the applicant suffering from various ailments, he was unable to attend the trial, leading the trial court to issue a non-bailable warrant, and the applicant was subsequently arrested. The advocate further submits that, considering the nature of the offence, the applicant may be granted regular bail with the imposition of suitable conditions.

4. Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. It is further submitted that the applicant has played active role in the offence in question. Therefore, the application may be dismissed.

5. While granting bail, the Court has to consider the involvement of the accused in the alleged offence, the jurisdiction to grant bail has to be exercised on the basis of the well settled principles having regard to the facts and circumstances of each case and the following factors are to be taken into consideration while considering an application for bail: (i) the nature of accusation and the severity of the punishment and the nature of the materials relied upon by the prosecution; (ii) reasonable apprehension of tampering with the witnesses and threat to the complainant or the witnesses; (iii) reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of his abscondence; (iv) character behaviour and standing of the accused and the circumstances which are peculiar to the accused; (v) larger interest of the public or the State and similar other considerations are required to be considered.

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

Following aspects have been considered:

(1) In the present case, the applicant was previously granted bail by the Coordinate Bench of this Court. However, due to his own ailments, he could not appear before the court for trial, resulting in the issuance of a non-bailable warrant and his subsequent re-arrest;

(2) There is no possibility of proceeding with the trial in the near future;

(3) The applicant has assured this Court that he will regularly attend the trial, and in case he is unable to attend the trial, he shall mark his presence through his advocate and not to dispute any proceedings conducted in his absence.

7. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, without discussing