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1991 DIGILAW 448 (ALL)

Ravind Rai v. State of U. P

1991-03-15

B.P.SINGH

body1991
JUDGMENT B.P. Singh, J. - Heard. 2. According to the papers filed by the applicant, the Motor-cycle Hero Honda bearing Engine No. FLOE 364621 Chassis No. FIOF 355026 was purchased by one Vinay Kumar Rai son of Shri Ram Dayal from Brij Automobiles, Gorakhpur on 3.5.1990. Shri Vinay Kumar Rai has executed a power of attorney in respect of this Motor-cycle in favour of the applicant, who happens to be the husband of Vinay Kumar Rai's first cousin. Vinay Kumar Rai has also stated in the power of attorney that the Motor-cycle in question was presented by him to his sister, wife of the applicant. 3. It appears that the Motor-cycle was purchased on 3rd May, 1990 and was involved in an offence under Section 394 IPC Crime No. 694/90 P. S. Kotwali district Azamgarh, which had taken place on 11th May, 1990. Perhaps for this reason the registration papers of the Motor-cycle were not completed. No one has come forward to claim the ownership of this Motor-cycle. 4. Let the Motor-cycle in question be released in favour of the applicant Ravindra Rai provided he furnishes two sureties who will guarantee before the learned Magistrate that the Motor-cycle in question will be produced if and when desired during the course of the trial, which shall not be disposed of by the applicant till the conclusion of the trial in question. 5. With these observations, the application for revision is disposed of finally. 6. A copy of this order may be issued to the learned counsel on payment of usual charges today.