Regular bail may be granted despite a prior breach of bail conditions if the applicant has undergone substantial custody and the nature of the allegations is relatively less severe, particularly in cases involving mutual disputes between groups.

ORAL ORDER

1. Heard learned advocate Ms.N.M.Zaveri appearing on behalf of the applicant, learned Additional Public Prosecutor Mr.Hardik Mehta appearing on behalf of the respondent-State and learned advocate Mr.M.K.Purohit appearing on behalf of the original complainant.

2. Rule. Learned APP waives service of rule on behalf of the respondent-State.

3. 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. 11191025250181/2025 registered with Kagdapith Police Station, Ahmedabad City for the offence punishable under Sections 351(2), 296(b) of the BNS and Sections 11(1), 12 of the POCSO Act.

3.1. The applicant being arraigned as an accused in connection with the aforementioned offence and having been arrested by the Investigating Officer, had been enlarged on regular bail by a learned Coordinate Bench of this Court vide an order dated 06.08.2025 more particularly the learned Co-ordinate Bench having imposed a condition that the applicant shall not enter Ahmedabad City till the conclusion of trial except for marking presence and attending the trial and whereas, the applicant having breached the condition, the bail granted to the applicant having been cancelled, the applicant has approached this Court.

4. Learned advocate for the applicant would submit that considering the role attributed to the applicant, and nature of the allegation levelled, the applicant may be enlarged on regular bail. It is further submitted that since the charge-sheet is filed 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.

5. As against the same, learned Additional Public Prosecutor appearing for the respondent – State and learned advocate Mr.Purohit appearing for the complainant have vehemently objected to the grant of regular bail. Learned APP has submitted that looking to the nature of offence and the role attributed to the present applicant as coming out from the charge-sheet, this Court may not exercise the discretion in favour of the applicant and the application may be dismissed.

6. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-

i. It would prima facie appear in this regard that post order dated 06.08.2025, three different FIRs came to be filed against the present applicant and whereas, learned Trial Court having noticed the said part, more particularly, the part with regard to breach of condition of having entered into Ahmedabad, the learned Trial Court had cancelled the bail granted by this Court.

ii. As against the same, this Court has considered the fact that the present appears to be a dispute between the two groups of transgenders and whereas, it appears that multiple FIRs have been filed by each group against the other.

iii.It also appears that while the present applicant had been released by the learned Coordinate Bench on 06.08.2025, the present applicant had once again been arrested by the Investigating Officer and is in custody since 29.11.2025.

iv. It would thus appear that after the applicant had been granted bail in the substantive offence, the same came to be cancelled and meanwhile, the applicant has been in custody for a period of approximately more than five months.

v