RAGHUBAR DAYAL, J.

( 1 ) GENDA Singh and others are on trial before the Sub-divisional Magistrate, Deoria, district gorakhpur, for an offence under Section 228, read with Section 117, Penal Code. The offence is bailable. The learned Magistrate ordered the accused to be released on bail on furnishing two sureties each in Rs. 2000 and a personal bond in Rs. 2000. He also ordered the accused to give an undertaking that they would not take part in any public demonstration and would not make any public speech or do anything regarding fresh abetment of an offence under Section 228, penal Code. The accused went up to the Sessions Judge, who modified the order of the learned magistrate to the extent that the amount of the sureties was reduced to Rs. 250 each and that the condition imposed by the Magistrate was cancelled. This is an application for the State against the order of the learned Sessions Judge, praying that the condition imposed by the learned magistrate should be re-imposed.

( 2 ) I have heard the learned Government Advocate and am of opinion that this application should be rejected.

( 3 ) THE offence under Section S28, read with Section 117, Penal Code, is bailable, and under

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