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. II-190/2019 registered with 'B' Division Patan City Police Station, Patan, for the offence punishable under Sections 3 and 5 of the Immoral Traffic (Prevention) Act as well as Section 188 of IPC.

4. Learned advocate for the applicant would submit that, the applicant was released on regular bail by the Sessions Court, Patan vide order dated 07.08.2020 passed in Criminal Misc. Application No. 465 of 2020, subject to conditions. However, the applicant could not remain present before the court during the trial, hence Non-Bailable Warrant was issued, pursuant to which he came to be arrested. Learned advocate for the applicant has submitted that, henceforth the applicant would regularly remain present before the court and would file an undertaking to that effect before the concerned court. Thus, the present application may be allowed.

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 because of the applicant's absence, the trial has protracted and the applicant having committed breach of bail conditions, this Court may not exercise 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. The applicant is a permanent resident of Patan, hence would be available at the time of trial;

          ii. The applicant was granted regular bail by the Sessions Court, Patan vide order dated 07.08.2020 passed in Criminal Misc. Application No. 465 of 2020;

          iii. As submitted by learned advocate for the applicant under instructions, the applicant could not remain present for the hearing of the case being Criminal Case No. 281 of 2020 on account of his work;

          iv. The applicant does not have any criminal antecedents.

7. 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.

8. In the facts and circumstances of the case and considering the nature of the allegations made against the applicants in the First Information Report, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

9. Hence, the applicant is ordered to be released on bail in connection with F.I.R. registered as C.R. No. II- 190/2019 registered with 'B' Division Patan City Police Station, Patan, 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 on payment of Rs.25,000/- towards costs to be deposited with the District Legal Services Authority, Patan, 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 his 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 Trial Court concerned;

          [e] furnish the present address of his residence to the I.O. and 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 his presence before the concerned police station once a week till the trial is over;

          [g] file an undertaking on oath before the concerned trial court that, henceforth, he shall regularly remain present in the court during the trial.

10. 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 Court concerned will be at liberty to take appropriate action in accordance with law.

11. Bail bond to be executed before the trial 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.

12. At the stage of trial, the competent court shall not be influenced by any observations of this Court which are of preliminary nature, made at this stage only for the purpose of enlarging the applicant on regular bail. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.