The court has discretion to modify bail conditions based on the applicant's circumstances while ensuring availability for trial.

ORDER :

1. Draft Amendment is allowed. Amendment to be carried out as per the Draft Amendment forthwith.

2. The Applicant has preferred this Application for modification of Condition Nos. 4 and 5 imposed by the learned Sessions Judge, Patan vide order dated 14.08.2023 in Criminal Miscellaneous Application No. 589 of 2023 while granting regular bail. The said Conditions read as under:

"(4) surrender passport, if any, to the lower court within two days.

(5) not leave the territory of Gujarat without prior permission of the Sessions Judge concerned."

3. Heard learned Advocate Mr. Maulik M. Soni for the Applicant and learned APP Ms. Dhwani R. Tripathi appearing on behalf of the Respondent - State.

4. Rule. Learned APP waives service of notice of Rule on behalf of the Respondent - State.

5. Learned Advocate for the Applicant has submitted that pursuant to the order dated 14.08.2023 passed by the learned Sessions Judge, Patan the Applicant has already deposited his Passport before the concerned Court and now the Applicant is desirous to travel abroad for religious purpose and therefore he need his Passport back and also needs permission to travel abroad. He further submitted that the Applicant has also approached the Trial Court by filing Application in this regard, however, the said Application came to be dismissed by the learned Sessions Court and that is why the present Application is filed. Learned Advocate for the Applicant has therefore prayed to suspend the aforesaid two conditions for a suitable period.

6. Learned APP has opposed the Application contending that there is a serious apprehension that if the Application is allowed and the Applicant is permitted to travel abroad, in all probability, the Applicant may not be available for the purpose of trial. She therefore submitted to dismiss the present Application.

7. This Court has considered the submissions canvassed by learned advocate for the parties and has also perused the material placed on record. From the record it appears that the Applicant is desirous of travelling abroad for religious purpose from 4th of January 2025 to 30th of February 2025 (as mentioned in the Draft Amendment). In the facts and circumstances of the present case and having regard to the fact that the Applicant is desirous to travel abroad for religious purpose, the Application deserves consideration. The application is accordingly allowed. Accordingly, Condition No. 4 and 5 imposed by learned Sessions Judge, Patan vide order dated 14.08.2023 in Criminal Miscellaneous Application No. 589 of 2023 is suspended for a period of one month from today, on condition that the applicant shall deposit an amount of Rs. 2,00,000/- (Rupees Two Lacs) before the concerned trial Court and the Applicant shall deposit the passport within a period of one week after return from abroad. On returning the passport, the trial Court shall release the amount of Rs. 2,00,000/- (Rupees Two Lacs) to the applicant, after due verification. Rest of the conditions shall remain as it is. Present applicant is also directed to furnish details of tour programme before the concerned trial Court before leaving India.

Rule is made absolute to the aforesaid extent. Direct service permitted.