Cr.M.P.(M) No.68 of 2009 24.2.2009 Present: Mr. Romesh Verma, Advocate for the petitioner. Mr. R.K. Sharma, Sr. Addl. A.G. with Mr. Rajinder Dogra, Addl. A.G. and Mr. Vikas Rathore, Dy.A.G. for the respondent. This is an application under Section 439 of the Code of Criminal Procedure for granting bail to the petitioner in F.I.R. No. 23 of 2008 dated 30.03.2008 registered at Police Station, Khairi, District Chamba under Sections 302, 342, 325, 201, 323 and 506 read with Section 34 of the Indian Penal Code. Heard. Mr. Romesh Verma submits that the petitioner is an innocent person and has been falsely implicated in this case. It has been averred that the petitioner is neither employee of Mohan Shahi Contractor nor he had any link with deceased Keshav. The application for bail has been dismissed by the learned trial Court on the ground that charge has already been framed and the case is fixed for prosecution evidence for 6.4.2009. He further submits that no useful purpose will be served by detaining the petitioner and he is ready and willing to abide by the directions and conditions imposed by the Hon’ble Court. The learned Senior Additional Advocate General submits that the application filed for the grant of bail has been rejected on 20.1.2009 by the learned Additional Sessions Judge, Fast Track Court, Chamba. The other three co-accused who are Napali have run away before lodging the case. In view of the status of the case that charge has been framed and the same is fixed for prosecution evidence and also that there is no allegation of his not appearing in the case before the trial Court on each and every date of hearing, the petitioner has made out a case for his enlargement on bail. No recoveries are to be effected from the petitioner. The petitioner is a local person and there is no possibility of his jumping over the bail or not complying with the directions issued by this Court. No useful purpose will be served by detaining the petitioner in jail. Accordingly, the application is allowed. The petitioner is ordered to be released on bail in case FIR No. 23 of 2008 dated 30.3.2008 registered at Police Station, Khairi, District Chamba under Sections 302, 342, 325, 201, 323 and 506 read with Section 34 of the Indian Penal Code on his furnishing personal bond in the sum of Rs. 10,000/- with one surety of the like amount to the satisfaction of the learned Additional Sessions Judge (Fast Track Court), Chamba. He is directed not to terrorize or to tamper with the prosecution evidence. However, liberty is reserved to the prosecution to move an application for rejection of bail if the petitioner violates any of the conditions imposed. The observations made in this order are for the disposal of this application and the same shall not be treated as an expression/opinion on the merits of the case. Copy ‘Dasti’ on usual terms. (Rajiv Sharma), J. February 24, 2009. (cr)