IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.M.P.(M) No.1429/2010. Date of Decision: December 27, 2010. Krishan Chand ……Petitioner Versus State of Himachal Pradesh ……Respondent Coram THE HON’BLE Mr. JUSTICE SURINDER SINGH, JUDGE. Whether approved for reporting? For the Petitioner : Mr. Chaman Negi, Advocate. For the Respondent : Mr. Anshul Bansal, Addl.Advocate General. _________________________________________________________ SURINDER SINGH, J (ORAL): 1. The instant application under Section 438 of the Code of Criminal Procedure has been moved for pre-arrest bail as the petitioner is apprehending his arrest in F.I.R No.142 of 2010 registered on 25th August, 2010 under Sections 279, 337, 338 and 304-A of the Indian Penal Code, registered in Police Station Theog. 2. Precisely the allegations against the petitioner are that he was driving the Bus in a state of intoxication, with the result bus went off the road, causing injury to eleven passengers, leaving one dead. The petitioner had also sustained injuries in the said accident and he - 2 - was hospitalized. On the same day, around 11:20 P.M., he was got medically examined by the Doctor as per Medico Legal Certificate, the petitioner was not smelling alcohol. However, the blood and urine samples were taken which confirmed consumption of liquor as per report of the Forensic examination. I did not find statement of any witness on record nor pointed out by the learned Additional Advocate General to conclude that at the relevant time the petitioner had consumed the liquor. Thus, without commenting upon much on the merits of the case, in my opinion the petitioner has a case for pre-arrest bail. The interim bail granted on 24.12.2010 is confirmed. The petitioner in the event of his arrest be enlarged on bail, subject to execution of bond as per interim order aforesaid. This bail shall be subject to the following conditions that the petitioner: 1. shall not tamper with the prosecution evidence in any manner and shall cooperate with the investigation of this case to take it to its logical end; - 3 - 2. shall also present themselves before the Police Officer for the purpose of interrogation and in the court as and when required to do so; and 3. shall not make any inducement, threat or promise to any person acquainted with the facts and circumstances of this case so as to dissuade him from disclosing such facts to the court or the Police Officer. 3. If the petitioners commit breach of any of the conditions above, the liberty of bail shall be cancelled. 4. Any observation made herein-above, shall have no effect on the merits of the case. Copy Dasti. (Surinder Singh), Judge. December 27, 2010 (veena)