ORDER : P.P BHATT, J.: The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with First Information Report being C.R No. I-50 of 2013 registered with Sector-21 Police Station, Gandhinagar, District-Gandhinagar, for the offences punishable under Sections 365, 332 and 114 of the Indian Penal Code. 2. Heard learned counsel for the applicant and learned Additional Public Prosecutor for the respondent-State. 3. Learned advocate for the applicant submits that the applicant is an innocent person, however he has been falsely implicated in the alleged offence. According to learned advocate for the applicant the alleged incident was happened at public place and said public place is crowded place of Gandhinagar Town, and therefore, possibility of such incident in such a crowded area is improbable. It is further submitted that one of the co-accused is police constable and the complainant is also police constable and on account of some rivalry between these two persons, the present applicant is implicated in the alleged offence along with the co-accused, who is police constable. It is further submitted that though there are some criminal antecedents against the applicant, but the said antecedents are relating to prohibition cases and in all the cases the applicant has been enlarged on bail. It is lastly submitted that the applicant is having roots in Gandhinagar District and he is ready and willing to abide by all the conditions that may be imposed by this Court, and therefore, considering the nature of allegations and gravity of offences, they may be enlarged on regular bail. 4. Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed the application for grant of regular bail looking to the nature and gravity of the offence. He has further submitted that there is a prima facie case against the present applicant, therefore, the present application may be rejected. 5. Regard being had to the above submissions, in the facts and circumstances of the case, considering the nature of accusation made against the applicant in the First Information Report and other charge-sheet papers, this Court is of the opinion that discretion is required to be exercised in favour of the applicant to enlarge the applicant on regular bail. 6. 5. Regard being had to the above submissions, in the facts and circumstances of the case, considering the nature of accusation made against the applicant in the First Information Report and other charge-sheet papers, this Court is of the opinion that discretion is required to be exercised in favour of the applicant to enlarge the applicant on regular bail. 6. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with First Information Report being C.R No. I-50 of 2013 registered with Sector-21 Police Station, Gandhinagar, District-Gandhinagar, on their executing personal bond of Rs. 10,000/- (Rupees Ten Thousand Only) with one surety of the like amount to the satisfaction of the learned trial court, and subject to the following conditions that the applicant shall; (a) not take undue advantage of liberty or misuse liberty; (b) not act in a manner injurious to the interest of the prosecution; (c) surrender passport, if any, to the lower court within a week; (d) not leave the State of Gujarat without prior permission of the Sessions Judge concerned; (e) mark presence before the concerned Police Station on every Monday of each English calendar month for a period of three months and thereafter, on alternate Monday for a period of six months, between 11:00 a.m. and 2:00 p.m. (f) furnish latest and permanent address of residence to the Investigating Officer, 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. 7. The Authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the learned Lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law. At the trial, learned trial court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage made by this Court while enlarging the applicant on bail. 8. Rule is made absolute to the aforesaid. Direct service is permitted.