HANUMANDAS Vs. STATE

JUDGEMENT

(1.) This bail application has been filed by accused petitioners Hanuman, Omaram, Bhagirath, Champalal and Ram Niwas. Accused-petitioners Omaram Champalal, Bhagirath and Ram Niwas have been ordered to be released on bail before their arrest by this Court vide order dated 13.1.1988. However, it was ordered that the application for grant of anticipatory bail filed by accused-petitioner Hanuman will be considered after the receipt of the case diary and the police was given liberty to seize the tractor and accessory if required in investigation against petitioner Hanuman.

(2.) I have perused the case diary. It is alleged that tractor was purchased by Dularam from Hanuman for a sum of Rs. 45,000.00 and thereafter, Rs. 25000.00have been paid to him and a sum of Rs.6.000.00 has been spent on the repair of the tractor and its engine. No document has been executed to evidence this transaction of sale. No receipt has been filed regarding payments made. Even, there is no receipt of the person who has repaired this tractor The tractor as per the statement of Mangiram. was lying in front of his house and it has been forcibly taken from there by these accused persons.

(3.) Having perused the case diary and keeping in view the facts and circumstances of this case, I am inclined to accept this application for grant of anticipatory bail of accused-petitioner Hanuman and order that if he is arrested by the Police Station, Gajner in FIR Case No. 69/87, he be released on bail on his furnishing a personal bond in the sum of Rs. 6.000.00 together with two sureties of Rs. 3,000.00 each and if the concerned Magistrate proposes to summon the accused through a warrant of arrest, the accused-petitioner Hanuman should be summoned through a bailable warrant in the sum of Rs. 6,000.00. The accused-petitioner Hanuman is directed to make himself available to the Investigating Officer for investigation and interrogation as and when required He shall not leave the the District Bikaner without informing the S.H.O. Gajner, He is further directed to produce the tractor and its accessories before the Investigating Officer, if he so directs. Application allowed.