A. L. DAVE, J. ( 1 ) ). Rule. Mr. V. M. Pancholi, learned additional Public Prosecutor waives service for the respondent State. ( 2 ) ). This Revision Aiplication is preferred against an order passed by learned Chief Judicial magistrate, junagadh on 27th June. 2003, below mark (A) in Criminal Case No. 2639 of 2003, rejecting the applicants plea for default bail, under Section 167 (2) of Cr. P. C. ( 3 ) ). Heard learned Advocate Mr. Manish R. Raval for Mr. Chetan Pandya and learned Additional Public Prosecutor. ( 4 ) ). Some of the dates are relevant. The application for default bail was preferred on 25th June, 2003 at 11. 00 A. M as is evident from certified copy Annexure "b". The charge-sheet is filed on same day at 15. 30 hours, as can be seen from certified copy produced on record today by the learned Advocate for the applicant. ( 5 ) ). Considering the decision of , the apex Court in UDAY MOHANLAL acharya VS. STATE OF maharashtra, reported in 2001 (2) glr 1148, wherein it is observed that accused can be said to have "availed of his right when he files the application of bail; and considering the fact that the right of the applicant will not be defeated when charge-sheet is filed during pendency of such application, I am inclined to allow this application. ( 6 ) ). The petition is therefore, allowed. The order dated 27. 6. 2003 passed by the learned Chief Judicial Magistrate below mark (A) in Criminal Case No. 2639 of 2003 is hereby set aside. The petitioner is ordered to be released on bail in connection with Crime Register No. 105 of 2003 of junagadh S. Division Police Station on his executing a bond of Rs. 5,000/- (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 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 of every english calendar month between 9. 00 a. m. , and 2. 00 a. m. , and 2. 00 p. m. ; (e) not leave the local limits of State of Gujarat without the prior permission of the Sessions Judge 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. 3. It 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. Sail before the lower Court having jurisdiction to try the case. 5. Rule is made absolute. Direct service is permitted. .