JUDGMENT 1. - In the hope of making some illegal and quick money, the complainant and some others became members in the lottery said to be run by the petitioners in the F.I.R. itself, it has not been mentioned as to how the lottery was run and in what manner, the money of the complainant has been misappropriated but according to the complainant instead of the expected income, he has been deprived of Rs. 45,900/-. 2. Some civil suit between the parties is also pending and at the stage, it is not possible to say that whether it relates to the amount which is a subject matter of this criminal case or in the back ground of some other dispute. 3. The question which is to be decided at this stage is not about the maintainability of a criminal case against the petitioners but whether they should be released on anticipatory bail. Much has been said that the petitioners are not coming with clean hands, but if this aspect of the mattet is considered then it can be said that the complainant was also engaged in an illegal business. The whole matter requires a complete investigation and for this investigation it is necessary that the accounts and other papers should also be examined in detail. In the present case it can be said that for the purpose of Investigation it would be better if the petitioners, on being released on bail, are directed to appear for interrogation alongwith all the accounts and other papers being maintained in connection with the lottery. It is only co-operation on their part that can bring all the material on record. Necessary conditions should be imposed so that, the investigation can be completed. 4. In these circumstances it is directed that the S.H.O./Arresting Officers, Investigating Officers police station, Ashok Nagar, Jaipur in F I.R No. 141/88, in the event of arrest of petitioners (1) Mohan Lal s/o Fakir Chand, (2) Pooran Chand s/o Fakeer Chand and (3) Hari Narain S/o Fakeer Chand they be released on bail, provided each of them furnishes a personal bond in the sum of Rs. 10,000/- (Rupees Ten thousand) each with two sureties in the sum of Rs.
10,000/- (Rupees Ten thousand) each with two sureties in the sum of Rs. 5,000/- each to his satisfaction, on the following conditions: (a) that the petitioners shall make themselves available for interrogation by a police officer as and when, required; (b) that the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the court, or to any police officer; (c) that the petitioners shall not leave India without the previous permission of the court, and (d) that the petitioners should produce all the account books and other relevant papers concerning the lottery at the time of investigation before the investigating authority. Bail granted. *******