NATHU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This bail application under section 438 Cr.RC. has been filed on behalf of petitioner Nathu Ram against whom investigation is pending for the offences under section 379 Penal Code and 39 of the Indian Electricity Act at Police Station khatubari in FIR No. 19/02 wherein the allegation against the petitioner is that he was found committing theft of the electricity installing the electricity line at his tube-well unauthorisedly.

(2.) Learned counsel for the petitioner has contended that he had taken electricity connection on 22.8.95 on his bore well situated in his field Khasra No. 192 but the bore well became dry and therefore, he applied for shifting of the electricity connection to another bore-well at his filed in Khasra No. 669/735 and deposited the required amount also on 10.8.01 and the departmental employees shifted the connection and he made payments of the electricity bills w.e.f. Aug. 2001 to Dec. 2001. But in the bill of Jan. 2002 some outstanding amount of Rs. 32,550.00 was included without any basis and justification against the petitioner whereupon he filed a suit against the department which infuriated them. Son in order to spite and humiliate him, they have lodged this false complaint against him. The bail application has been opposed by learned Public Prosecutor.

(3.) Having considered the submissions made at the bar and upon a perusal of the papers placed before me and looking to all the facts and circumstances of this case, it appears to be a fit case wherein the anticipatory bail should be granted.