JUDGMENT 1. -The complainant Mahaveer Prasad is stated to have entrusted certain goods to the petitioners for being transported to Calcutta. Consigqment was not delivered to the consignee. The applicants appear to have reported to the police station Maharajpura, Distt. Kanpur (U.P.) that the vehicle had been wrongly taken possession by certain persons along with goods therein. Mahaveer Prasad reported the matter to the police station at Niwai, Distt. Tonk (Raj.), whereupon crime No. 32/98 under section 406 IPC was registered against the present applicants. 2. It was submitted that the applicants have not yet received even their vehicle from the possession of police in Utter Pradesh. It was further submitted that the police in Rajasthan in collusion with the complainant forced the petitioner to execute the agreement wherein it was stated that the petitioners be paid value of the goods to the informant. It was further pointed-out that on 18.6.98 this Court had directed the petitioners to file their affidavits in support of their contention that they had been forced by the police to execute the agreement into question and they have filed such affidavits, which are not controverted. 3. On the other hand it was submitted that the petitioners had mis-appropriate goods entrusted to them and did not discharge the trust in accordance with the terms and agreement between the parties. 4. After having looking to the case-diary, affidavits, agreement and other material placed before me, I feel inclined to accept the prayer of the applicants. 5. Looking to the facts and circumstances of the case it is directed that, in the event of their arrest, applicants Channa Rain S/o Ditturam and Ram Kishan S/o Mehar Singh accused in FIR No. 32/98, P/s. Niwai, (Distt. Tonk) shall be released on bail on their furnishing two sureties in the amount of Rs. 5,000/- each with personal bond (s) in the amount of Rs.
Tonk) shall be released on bail on their furnishing two sureties in the amount of Rs. 5,000/- each with personal bond (s) in the amount of Rs. 10,000/- to the satisfaction of the officer arresting him and shall observe the following conditions : (i) that the applicant (s) shall make himself available for interrogation by a police officer as and when required; (ii) that the applicant (s) 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; (iii) that the applicant (s) shall not leave India without the previous permission of the Court. This order shall remain in force till the expiry of one month after the submission of the charge sheet, if any, against him, during the meanwhile the applicant (s) may appear before the Court concerned and pray for regular bail there.Bail application allowed. *******