KAILASH MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard. It is alleged that on the basis of the secret information a police party headed by Hanumana Ram, Police Station Chaksu proceeded towards Kotwkhawda. On his way two more persons were associated in the proceedings of search and seizer, which were yet to be conducted. It is alleged that on seeing a jeep coming on the road, they signalled the jeep driver to stop vehicle and the vehicle was stopped, and on search of the jeep two occupants were found possessing certain quantity of country made liquor. It is also alleged that the jeep driver had ran-away after leaving the jeep behind. It was known later-on that the jeep driver was the present applicant.

(2.) it was pointed-out that the very fact that the jeep driver had stopped the vehicle at the signal of the police party and that no other occupants had tried to escape, it should not be lightly accepted that jeep driver had escaped. It was further pointed-out it is on the basis of the statement of the co-accused that the present applicant is being threatened to be arrested as accused in the case. Nothing is said to have been taken away by the jeep-driver when he escaped himself, that there was no evidence to show that the present applicant was the jeep driver. The police witnesses do not claim to have seen the jeep driver themselves. I have gave through the case-diary. The case of the applicant appears to be that he was daily wages earner and earns his livelihood by driving jeep of other persons. The police constable wanted to use the jeep without paying anything but the applicant had expressed his inability to do that without permission of the owner of the jeep. With no comments on the merits of the case on either of the party in the facts and circumstances of the case, I feel inclined to bail to the applicant.

(3.) It is directed that in the event of his arrest, applicant Kailash Meena S/o Ramsahay Meena, accused in FIR No. 378/99, P.S. Chaksu (Distt. Jaipur), shall be released on bail on his furnishing two sureties in the amount of Rs. 5.000.00 each with personal bond in the amount of Rs. 10,000.00 to the satisfaction of the Officer arresting him and shall observe the following conditions