Rule. Mr. Pujari, learned Addl. Public Prosecutor for the State waives the service.
2.Following aspects are considered :-
(1) Charge sheet is laid.
(2) The applicant has no criminal antecedents.
(3) Even as per the prosecution case, the applicant was an addict, which resulted into a strained relationship between the applicant and his wife, at times, involving physical violence as well.
(4) Allegations are trivial in nature, regarding harassment.
(5) The applicant has a young daughter of about 3 years of age, who also requires to be looked after.
Hence, bail cannot be denied.
3.The application is allowed and the applicant is ordered to be released on bail in connection with Crime Register No.I-457 of 2004 Naroda of 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 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.
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.
7.Direct service is permitted.