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2022 DIGILAW 1241 (BOM)

Yaman Arora v. State of Goa

2022-04-28

C.V.BHADANG

body2022
JUDGMENT 1. This is an Application for modification of the conditions of bail granted to the applicant by order dtd. 15/3/2021 in Sessions Case (Ors) No. 8/2018. The applicant has been chargesheeted for the offence punishable under Sec. 370(3) of IPC and is in jail for about five years. 2. The learned Counsel for the applicant pointed out that the trial has not commenced and not even a single witness of the prosecution is examined. 3. The applicant was held entitled to be released on bail by order dtd. 15/3/2021 inter alia on the following conditions: 1) The accused no. 2 shall be released on his furnishing personal bond and surety for an amount of Rs.25,000.00 with address proof of the surety and of the accused no. 2. 2) The accused no. 2 shall furnish his detailed address with original Aadhar card proof to the I.O. which shall be verified by the I.O. as to the genuineness and residence and upon receipt of verification report of the address and genuineness of the proof, accused no. 2 shall be released. 3) The accused no. 2 shall appear before the Court as and when required by the Court and shall not leave Goa without prior written permission of this Court. 4. The record discloses that the address on the original Aadhar card was verified and the applicant was not found to be residing at the said address. Thus, the verification report was not in favour of the applicant. The applicant thereafter sought modification of condition no. 2 by furnishing the Aadhar card of his mother, in which, the address of the mother is shown as under: 8/158, Block 'B', Trilok Uri, East Delhi 110 091 5. The applicant also undertook to furnish the local address, which has been refused by the learned Sessions Judge. 6. I have heard the learned Counsel for the parties. 7. The learned Public Prosecutor, in all fairness, on instructions from the Investigating Officer submitted that the applicant is in custody for over a period of five years and the trial has not commenced. He submits that this Court may pass appropriate orders in the circumstances of the case. It is submitted that the applicant may be directed to furnish his local address and mobile number within one month of his release. 8. He submits that this Court may pass appropriate orders in the circumstances of the case. It is submitted that the applicant may be directed to furnish his local address and mobile number within one month of his release. 8. The learned Counsel for the applicant submitted that the applicant shall furnish his local address after release as he intends to obtain some residential premises on leave and licence basis. Reliance is placed on the order passed by this Court on 16/9/2021 in Criminal Application (Bail) No. 66/2021 in the case of Alamin Vs. State of Goa, in which, in a similar circumstances, this Court had modified the condition. Although in that case, the address on the Aadhar card was not verified and the applicant-accused had already obtained premises on leave and licence basis, the fact remains that the present applicant is now furnishing the Aadhar card of his mother showing his address. 9. In that view of the matter, the condition no. 2 is hereby relaxed. The applicant shall be released on bail on the conditions as imposed by order dtd. 15/3/2021, except, condition no. 2. This shall be subject to further condition that the applicant shall furnish an undertaking before the Trial Court that he will not leave the State of Goa without prior permission of the Trial Court. The applicant shall furnish his local address and mobile number within one month of his release. 10. The Criminal Application is disposed of in the aforesaid terms.