1. RULE.
Mr. Dipen Desai, learned Additional Public Prosecutor waives service of rule on behalf of the respondent State.
2. This application has been preferred for regular bail under Section 439 of the Code of Criminal Procedure, 1973, in connection with the offence registered with Madhupura Police Station, Ahmedabad bearing I- C.R. No. 213 of 2007 for the offences punishable under Sections 302 and 114 of the Indian Penal Code and Section 135 of the Bombay Police Act.
3. Having heard the learned counsel for both the sides and looking to the facts and circumstances of the case, this application is allowed. The applicant-original accused is ordered to be released on bail in connection with the offence registered with Madhupura Police Station being I- C.R. No.213 of 2007 on his executing a bond of Rs. 5,000/- (Rupees five thousand only) with one surety of like amount to the satisfaction of the lower Court and subject to the conditions that he shall;
(a) not take undue advantage of his liberty or abuse his liberty;
(b) not act in a manner injurious to the interest of the prosecution;
(c ) maintain law and order;
(d) shall mark his presence before the concerned police station on every first day of English Calendar month between 9.00 a.m. and 2.00 p.m.;
(e) not leave the State of Gujarat without prior permission of the Sessions Court concerned;
(f) furnish the address of his residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;
(g) surrender his passport, if any, to the lower Court within a week.
4. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or to take appropriate action in the matter.
5. Bail before the lower Court having jurisdiction to try the case.
6. Rule is made absolute accordingly. Direct service is permitted.
(BHAGWATI PRASAD, J.) omkar Top