Rule. Mr.L.R.Pujari, learned Addl. Public Prosecutor for the State waives the service.
2.Following aspects are considered :
(i)There is no dispute about the fact that co-accused, Ajaybhai Pratapbhai Dave, who is similarly situated, has been granted bail by a coordinate Bench of this Court by order dated 30th December, 2004, passed in Criminal Misc.Application No.10833/2004. Therefore, the case of the applicant deserves favourable consideration on the ground of parity.
3.The application is allowed and the applicant is ordered to be released on bail in connection with Crime Register No.I-435 of 2004 of J.P.Road Police Station, Vadodara on his executing a bond of Rs.5000/- (Rupees five 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 to try to tamper or pressurize the prosecution witnesses or complainant in any manner ;
(c) maintain law and order and should co-operate the investigating officers ;
(d) not act in a manner injurious to the interest of the prosecution ;
(e) not leave the local limits of State of Gujarat without the prior permission of the concerned Sessions Judge ;
(f) mark his presence before the concerned Police Station once in every month i.e. between 1st and 10th day of every month between 11.00 a.m. to 2.00 p.m., for a period of six months from today;
(g) furnish the address of his residence to the I.O.
and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of this Court;
(h) 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.
7.Direct service is permitted.