The court establishes that bail decisions must balance the rights of the accused against public safety concerns, applying established factors from precedent cases.

ORAL ORDER

1. 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. 11202009241677 of 2024 registered with City 'B' Division Police Station, Jamnagar.

2. Heard learned Advocate for the Applicant and learned APP for the Respondent – State.

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

3. 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.

4. Per contra, learned APP has opposed the present application for grant of regular bail contending that the Applicant is a head strong person and there are other antecedents registered against him in the past. She further submitted that the presence of the present Applicant in custody is necessary for maintenance of law and order in the area. She further submitted that the Applicant had procured vehicles which are purchased on hire-purchase basis by obtaining loans from the finance companies and no installments were paid for the said purchases. The Applicant herein had threatened the officers of the finance companies of dire consequences who went there for recovery of the amount of loan. Learned APP has therefore submitted that looking to the nature of offence, this Court may not exercise the discretion in favour of the applicant and the Application may be dismissed.

5. Heard learned Advocates for the parties and perused the record. The investigation is over and charge sheet is filed. As per the case of the prosecution, the role attributed to the Applicant is to the effect that the Applicant herein is alleged to have procured several vehicles which were purchased on the basis of loans obtained from the finance companies and no installments were paid for these loans. The Applicant herein had threatened the officers of the finance companies who went their for collection of the amount of loan and possession of the vehicles having been parted with by the present Applicant. Considering nature of offence so also the fact that the Coordinate Bench has also ordered to enlarge the Applicant herein in another offence of similar nature, the Application deserves consideration. This court has also 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.

(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.

6. 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