Bail is the rule and jail is the exception; personal liberty under Article 21 of the Constitution of India should be prioritized to avoid pre-trial conviction, provided the accused ensures presence during trial.

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. Part-A-11191010230593 of 2023 registered with Madhavpura Police Station, Ahmedabad for the offences punishable under Sections 379(a)(3), and 114 of the Penal Code, 1860 (for short “IPC”).

3. Learned Advocate appearing on behalf of the applicant/s submits that the applicant has nothing to do with the offence and he is falsely implicated in the offence. The applicant was released on bail by an order dated 14.12.2023, passed by the Coordinate Bench of this Court in Criminal Misc. Application No. 22344 of 2023. However, due to lack of knowledge and unavoidable circumstances, the applicant could not appear before the trial court for the trial. As a result of this breach of condition, the applicant has been arrested and sent back to jail on 06.04.2026. It is further submitted 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 is directly involved in the offence and previously breached the conditions imposed by the trial court when he was granted bail. Therefore, the present 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. Having heard the learned advocates for the respective parties and having perused the papers on record, it appears that the charge-sheet has been filed. Earlier, the applicant was released on bail by an order dated 14.12.2023 passed by the Coordinate Bench of this Court in Criminal Misc. Application No. 22344 of 2023. However, due to breach of the conditions of bail, a non-bailable warrant was issued against him, and he was arrested and sent back to jail on 06.04.2026. However, the applicant now assures this Court that he will regularly attend court proceedings, cooperate in the disposal of the case, and is ready and willing to abide by all conditions imposed by the Court.

7. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra vs. Central Bureau of Investigation reported in [2012]1 SCC 40 as well as in the case of Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of Andhra Pradesh reported in (1978)1 SCC 240. Obviously, the conclusion of trial will take time and keeping the ac