Grant of regular bail to an accused arrested on a non-bailable warrant for non-appearance, provided the accused undertakes to attend future proceedings and complies with court-imposed conditions.

ORAL ORDER

1. Heard learned advocate appearing on behalf of the applicant and learned Additional Public Prosecutor appearing on behalf of the respondent-State.

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.I-49 of 2018 registered with Lalgate Police Station, Surat, for the offence punishable under Sections Sections 323, 324, 143, 144, 147, 148, 149 of IPC, 1860 and 135 of the GP Act, 1951 .

4. Learned advocate for the applicant would submit that, the applicant because of some unavoidable circumstances, was unable to remain present before the trial Court, hence, non-bailable warrant was issued against him and he came to be arrested. Learned advocate would submit that, the applicant did not have any intention to disobey the order of the Court. He is ready and willing to abide by all the conditions that may be imposed by this Court, if released on bail. Learned advocate has also submitted that, the applicant will file an undertaking before the Trial Court, stating that, he would henceforth regularly remain present before the Court.

5. As against the same, learned Additional Public Prosecutor appearing for the respondent – State has vehemently objected to the grant of regular bail. Learned APP has submitted that, the applicant did not remain present before the competent Court and hence, non-bailable warrant was issued against him, pursuant to which he came to be arrested. Learned APP has submitted that, if granted bail, the applicant would once again, not remain present before the Court and the trial will be protracted. Hence, this application should be rejected.

6. This Court has taken into consideration the law laid down by the Hon’ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation reported in [2012] 1 SCC 40

7. In the facts and circumstances of the case, this Court is of the opinion that, this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

8. Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with FIR being C.R. No.I-49 of 2018 registered with Lalgate Police Station, Surat, on executing a bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;

[a] not take undue advantage of liberty or misuse liberty;

[b] not act in a manner injurious to the interest of the prosecution;

[c] surrender passport, if any, to the trial court within a week, and if he does not possess a passport, he shall file an affidavit to that effect;

[d] not leave the State of Gujarat without prior permission of the Court concerned;

[e] furnish the present address of his residence to the I.O. and also to the Court at the time of execution of the bond and shall not change his residence without prior intimation to the I.O. and the court;

[f] mark presence on every Monday till the trial is over, before the concerned police station.

[g] shall file an undertaking before the Trial Court within two days of his release from jail that he will henceforth regularly remain present before the said Court;

[h] shall deposit a cost of Rs.10,000/- before the Gujarat State Legal Services Authority, Surat, within two days of his release from jail.

9. The Authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditi