The court may grant regular bail to an accused with significant past antecedents and a history of absence from court, provided there is a credible assurance of future attendance and strict adherence to judicial conditions imposed to ensure the integrity and continuity of the trial process.

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 Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection with FIR being C.R. No.I-6 of 2018 registered with Samakhiyali Police Station, District - Kachchh East - Gandhidham for the offences under Sections 454, 457, 380, 114, 411 and 413 of the Indian Penal Code.

3) Learned advocate appearing on behalf of the applicant submits that the applicant was enlarged on bail but remained absent during the trial of the case therefore warrant came to be issued. Now the applicant will regularly remain present during the trial on each and every date of hearing. Hence, he has requested to allow the present application.

4) Learned APP appearing on behalf of the respondent-State has opposed the present application and requested to dismiss the present application for regular bail on the ground that the applicant is habitual of remaining absent during the trial and trial is prolonged. There are 36 past antecedents against the applicant. Therefore, present application does not deserve consideration.

5) Perusing the record it reveals that as the applicant was arrested and sent to judicial custody in another offence he was unable to attend the Court proceedings and proclamation came to be issued under Section 82 of the Code of Criminal Procedure and he came to be arrested. Now the learned Advocate for the applicant has submitted that the applicant will remain present on each and every date before the trial Court during the trial.

6) In the facts and circumstances of the case, the applicant is ordered to be released on regular bail in connection with FIR being C.R. No.I-6 of 2018 registered with Samakhiyali Police Station, District - Kachchh East - Gandhidham on executing a personal bond of Rs.25,000/- (Rupees Twenty-five Thousand only) with one solvent 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 & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;

(c) surrender passport, if any, to the Trial Court within a week;

(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;

(e) mark presence before the concerned Police Station once in every month for a period of six months between 11.00 a.m. and 2.00 p.m.;

(f) furnish the present address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence / mobile number / SIM Card without prior permission of Trial Court;

(g) he shall regularly remain present on each on every date of hearing before the learned trial Court during the trial;

(h) not to indulge in any illegal activity failing which learned trial Court shall issue warrant and cancel the bail of the applicant.

7) 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 conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter.

8) Bail bond to be executed before the lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law.

9) At the trial, the trial Court shall not be influenced by the observations of preliminary