1.Rule. Mr.A.Y.Kogje learned Addl. Public Prosecutor for the State waives the service.
2.Heard learned advocate Mr.Joshi for the applicant and Mr.A.Y.Kogje learned Addl. Public Prosecutor for the respondent - State.
3.Following aspects are considered :
(i) The applicant was granted anticipatory bail with a condition that he should apply for regular bail within 15 days of his such arrest and release, which he is failed to do and, therefore, he has been again arrested;
(ii) There are no other allegations;
(iii) The applicant is not named in the FIR;
(iv) All other co-accused are granted bail and the sessions case is at the stage of framing of charge;
In view of the above, bail cannot be denied to the applicant.
4.Considering the submissions made on behalf of the parties and having regard to the circumstances and facts of the case, the application is allowed and the applicant is ordered to be released on bail in connection with Crime Register No.I-171 of 2002 of Ankleshwar City Police Station on his executing a bond of Rs.10000/- (Rupees ten thousand only) with one surety of the 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) mark his presence before concerned Police Station on 1st Sunday every month between 9.00 a.m. and 2.00 p.m.;
(e) not leave the State of Gujarat without the 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;
5.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.
6.Bail before the lower Court having jurisdiction to try the case.
7.Rule is made absolute. Direct service is permitted.
(A.L.Dave,J) (vipul)