1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P.(M) No. 726 of 2011. Date of decision: 21.09.2011. Dev Raj. ......Petitioner. Versus State of H.P. ......Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting ?1 No For the Petitioner : Mr. S.C. Sharma, Advocate. For the Respondent : Ms. Ruma Kaushik, Addl. A.G. with Mr.J.S.Rana,Asstt. A.G. Kuldip Singh , Judge( Oral). This is an application under Section 438 Cr.P.C. for releasing the petitioner on bail in FIR No. 194/2011 dated 10.09.2011 registered at Police Station Theog, under Section 379 IPC and Section 3 PDP Act. The status report filed and the same has been perused. 2. It has been stated in the application that petitioner has been falsely implicated in the case. He has committed no offence. The petitioner is ready to join the investigation. The custodial interrogation of the petitioner is not necessary. The petitioner is ready to furnish bail bonds in accordance with the directions of the Court. In view of registration of the case, the petitioner apprehends his arrest in the above case. 3. The bail application has been opposed by the learned Additional Advocate General on the basis of the status report. It has 1 Whether reporters of Local Papers may be allowed to see the Judgment ?Yes 2 been stated by learned Additional Advocate General that job of repair of rain-shelter was given to the petitioner which he had not done, rather he damaged the rain-shelter. He was given `40,000/- from the B.D.O. Office for repairing rain-shelter. The learned Additional Advocate General has stated that the petitioner has returned `40,000/- to the Secretary, Gram Panchayat, Shatainya, vide receipt No. 3720 dated 06.09.2011. On instructions received, the learned Additional Advocate General has stated that the recovery of some broken material from the spot has already been made. 4. In the facts and circumstances of the case, the custodial interrogation of the petitioner is not necessary. Therefore, the application is allowed and in the event of arrest of petitioner in FIR No. 194/2011 dated 10.09.2011 registered at Police Station Theog, under Section 379 IPC and Section 3 PDP Act, he be released on bail on his furnishing personal bond in the sum of `20,000/- with one surety of the like amount to the satisfaction of the Arresting Officer with the condition that petitioner shall continue to join the investigation as and when directed by the Investigating Officer and shall not hamper the investigation and tamper with the prosecution evidence in any manner. 5. The observations made in the judgment are for the disposal of the bail application and shall not be construed as expression of opinion on the merits of the case. Copy 'dasti'. ( Kuldip Singh ), Judge. September 21, 2011. (Krt)