Rule. Mr.L.R.Pujari, learned Addl. Public Prosecutor for the State waives the service.
2.Following aspects are considered :
(i)Charge-sheet is laid.
(ii)The complainant-injured is discharged from the hospital and there is no risk to his life, which can be attributed to the alleged incident.
(iii)A communication received from Darshanaben, wife of Krishnakant Baldevdas Patel, the original complainant, is also considered.
(iv)The applicant was detained under PASA, which order came be revoked later.
(v)The roots of the incident appear to lie in the inter-caste marriage.
(vi)Bail cannot be denied, however, certain stringent conditions deserves to be imposed.
3.The application is allowed and the applicant is ordered to be released on bail in connection with Crime Register No.I-485 of 2004 of Godhra Town 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 the concerned Police Station on 1st Monday of every English calendar 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;
(g) not enter into the local limits of Nava Vadaj area of Ahmedabad city for a period of three months from today, without prior permission of this Court, but for attending the Court in connection with this case, he will be free to enter the limits for a period to the extent necessary and will leave the limits thereafter soon after the case is adjourned;
3.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.
4.Bail before the lower Court having jurisdiction to try the case.
5.Rule is made absolute.
6.Direct service is permitted.