1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4285 OF 2009 Kundlik Namdeo Barde, Age-25 years, Occu-Labour Work, R/o.Khedle Permanand Tq.Newasa, Dist. Ahmednagar APPLICANT VERSUS The State of Maharashtra, Through Police Inspector, Rahuri Police Station, Tq.Rahuri, Dist. Ahmednagar RESPONDENT Mr.S.B.Kadu, learned counsel for applicant. Mrs.Y.M.Kshirsagar, learned counsel for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 19/12/2009 PER COURT : 1. By the present application, the applicant has approached this Court for his release on anticipatory bail in case of arrest in connection with CR No.133/2009 registered in Rahuri Police Station for an offence punishable u/s. 379 r/w. 34 of IPC and u/s. 39(1) and 192 of The Motor Vehicle Act. 2. Heard learned counsel appearing for the applicant followed by the submissions of learned APP for State. Also perused the papers 2 of investigation till carried out and the documents collected from the Office of R.T.O. which are annexed with the application. 3. Considering the submissions across the bar and on perusal of the FIR, it appears that the said complaint came to be lodged on the complaint of one Baburao Kisan Dhage, r/o.Rahuri Bk. It is alleged that on receipt of certain information that in the night of 07/05/2009, some persons are illegally excavating the sand from the river bed of Mula River and transporting it. Accordingly the complainant alongwith one Rajaram Salwe when visited the river bed of Mula, they saw one tractor alongwith trolly, is lifting the sand and the sand is found kept in the trolly. When these persons approached near the tractor, the tractor driver started the tractor and fled away. It is alleged that the number of the tractor is MH-17-1513 and so far as the number of the trolly, there is some over writing on the original number appeared to be scratched. It is alleged that the present applicant is the owner of the said tractor and hence illegally transporting the sand from the river bed of Mula River. 4. During the course of submissions across the bar, learned counsel appearing for the applicant drawn my attention towards the record collector from the R.T.O. Office. This record shows that the vehicle registered with R.T.O. Shrirampur, Dist. Ahmednagar bearing no.MH-17-1513 is a Rajdoot Motor Bike and not a tractor. If the tractor which bearing the same number, if not as per the record of the R.T.O. Registered in the name of present applicant, according to 3 learned counsel for applicant, applicant is entitled for bail. 5. The application is opposed by learned APP appearing for the State on the ground that this tractor belongs to the present applicant. 6. Considering these submissions across the bar, and particularly on perusal of the documents of registration collected, produced and annexed alongwith the application, clearly indicate as per the record of the R.T.O., the vehicle bearing no.MH-17-1513 is a motor bike and not a tractor. It is also registered in the name of one Mr.M.K.Dange. In the premise, so far as the papers collected during the investigation till carried out not able to connect the applicant in connection with the CR registered in Rahuri Police Station, case is made out to use the discretion u/s. 438 of Cr.P.C. Hence order - O R D E R 1. Application is allowed. 2. In case of arrest of applicant in connection with CR No. 133/2009, registered in Rahuri Police Station, on furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. 3. After released on bail, the applicant to attend the Rahuri Police Station if required on written requisition by the Investigation Officer concerned, investigating CR No.133/2009 in that police station. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/DEC 2009/cri-appl-4285-09