IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No. 847 of 2009 Date of decision: October 28, 2009. Anoop Kumar …..Petitioner. Vs. State of H.P. …. Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 For the petitioner : Mr. Ramakant Sharma, Advocate. For the Respondent : Mr. A.K. Bansal, Addl.A.G. with Mr. R.P.Singh, Asstt. A.G. Kuldip Singh, Judge (Oral). This is an application under Section 439 Cr.P.C. for grant of bail to the petitioner in a case arising out of FIR No. 150 of 2007 registered at Police Station, Baddi on 17.9.2007, under Sections 395, 458, 380, 342, 411 IPC. The status report has been filed. 2. Heard and perused the record. It has been submitted on behalf of the petitioner that petitioner is in judicial custody for the last about 21 months for allegedly committing offence punishable under Sections 395, 458, 380, 342, 411, 120-B read with Section 34 IPC. The petitioner has not been connected with the commission of the offence. The petitioner was arrested in view of some alleged statement made by Jagdish Chand during investigation, but now statement of Jagdish Chand has been recorded in the court on Whether the reporters of the local papers may be allowed to see the Judgment? …2… 7.8.2009 as PW 3 and as per statement of Jagdish Chand no case is made out against the petitioner. It has been submitted that in fact the petitioner was falsely implicated in FIR No. 155/07, FIR No. 169/07 and FIR No. 150/07. 3. The learned counsel for the petitioner has submitted that petitioner has been acquitted in case arising out of FIR No. 155/07. The learned Additional Sessions Judge, Solan had granted bail to petitioner on 19.11.2007 in FIR No. 169/07. The trial in the court below in the case arising out of FIR No. 150 of 2007 is at an advance stage. It has been submitted that statements of prosecution witnesses have been recorded and now next date of hearing is fixed on 31.10.2009 for recording the statements of accused, under Section 313 Cr.P.C. The learned counsel for the petitioner has submitted that in view of prosecution evidence, which has come on record, no case is made out against the petitioner and he is entitled to bail. The petitioner is ready to furnish bail bonds in accordance with the directions of this court. 4. The learned Additional Advocate General has opposed the bail application on the basis of status report. He has submitted that the trial is likely to be over shortly inasmuch as now the case is fixed for recording the statements of accused under Section 313 Cr.P.C. 5. I have considered the rival contentions of the learned counsel for the parties. The learned Addl. Advocate General has not contradicted the statement of learned counsel for the petitioner that petitioner was implicated in the case on the basis of statement of one …3… Jagdish Chand, who has also appeared as a prosecution witness in the court below. The learned counsel for the petitioner has vehemently submitted that Jagdish Chand PW 3 has not supported the prosecution case. He has shown to me and learned Addl. Advocate General the certified copy of the statement of PW 3 Jagdish Chand. PW 3 was declared hostile. I am not commenting on the statement of PW 3 Jagdish Chand and statements of other prosecution witnesses, which have been shown to me so that it may not affect the case of either side. The petitioner is in custody since long. The prosecution witnesses have been examined, no purpose will be served to detain the petitioner for indefinite period even though the learned Addl. Advocate General has submitted that trial is likely to be over very shortly. The petitioner has made out a case for grant of bail in a case arising out of FIR No. 150 of 2007. Accordingly, the application is allowed and petitioner is ordered to be released on bail in a case arising out of FIR No. 150 of 2007 registered at Police Station, Baddi on 17.9.2007, under Sections 395, 458, 380, 342, 411 IPC, on his furnishing personal bond in the sum of Rs.25,000/- with two sureties each of the like amount to the satisfaction of the trial court with the condition that petitioner shall continue to appear in the court below till the case is decided by the court below. Copy dasti. October 28, 2009. ( Kuldip Singh ), (Hem) Judge.