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2002 DIGILAW 914 (RAJ)

Nathu Ram v. State of Rajasthan

2002-05-02

HARBANS LAL

body2002
JUDGMENT 1. - This bail application under section 438 Cr.RC. has been filed on behalf of petitioner Nathu Ram against whom investigation is pending for the offences under section 379 IPC and 39 of the Indian Electricity Act at Police Station khatubari in FIR No. 19/02 wherein the allegation against the petitioner is that he was found committing theft of the electricity installing the electricity line at his tube-well unauthorisedly. 2. Learned counsel for the petitioner has contended that he had taken electricity connection on 22.8.95 on his bore well situated in his field Khasra No. 192 but the bore well became dry and therefore, he applied for shifting of the electricity connection to another bore-well at his filed in Khasra No. 669/735 and deposited the required amount also on 10.8.01 and the departmental employees shifted the connection and he made payments of the electricity bills w.e.f. August 2001 to December 2001. But in the bill of January 2002 some outstanding amount of Rs. 32,550/- was included without any basis and justification against the petitioner whereupon he filed a suit against the department which infuriated them. Son in order to spite and humiliate him, they have lodged this false complaint against him. The bail application has been opposed by learned Public Prosecutor. 3. Having considered the submissions made at the bar and upon a perusal of the papers placed before me and looking to all the facts and circumstances of this case, it appears to be a fit case wherein the anticipatory bail should be granted. 4. In the result, the bail application is allowed and it is directed that petitioner Nathu Ram shall be released by the concerned SHO/IO on bail in the event of his arrest on his furnishing a personal bond in the sum of Rs. 10,000/-with a surety in the like amount to the satisfaction of the SHO/investigating Officer with the following conditions:- 1. that the petitioner shall make himself available for interrogation by a police officer as and when required : 2. that the petitioner 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. 3. that the petitioner shall not leave India without the prior permission of the Court. Application allowed. *******