IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P.(M) No.776 of 2008 Decided on: August 04, 2008. Kamal Kant …Petitioner. VERSUS State of Himachal Pradesh ….Respondent. Coram The Hon’ble Mr.Justice Kuldip Singh, Judge. Whether approved for reporting?1No For the Petitioner: Mr.V.D.Khidta, Advocate. For the respondent: Mr Anshul Bansal, Addl.A.G. Kuldip Singh, Judge (Oral) The petitioner has filed this petition under Section 438 Cr.P.C. in F.I.R.No.286 dated 26.7.2008 registered at Police Station, Kangra, under Sections 147, 148, 149, 452, 506, 427, 323 I.P.C. The status report has been filed by the respondent. 2. Heard and perused the record. On behalf of the petitioner, it has been submitted that the petitioner is a student of 2nd year in Dr.Rajindra Prasad Government Medical College, Tanda. He has been falsely implicated in the case. He is ready to join the investigation. The custodial interrogation of the petitioner is not necessary, no Whether the reporters of the local papers may be allowed to see the judgment? Yes …2… recovery is to be made from the petitioner. The petitioner was granted interim bail on 30.7.2008 and thereafter he joined the investigation. The petitioner is ready to furnish bail bonds in accordance with the directions of this Court in case he is released on bail. The bail application has been opposed on the ground that the petitioner is involved in a serious case of lawlessness, beatings and other connected offences. It has been submitted that there are in all 35 accused but 22 of them have been released on bail and bail applications of some of the accused are pending in the Courts below. 3. I have heard the rival contentions of the learned counsel for the parties. It has been submitted on behalf of the State that no recovery is to be made from the petitioner. In these circumstances, custodial interrogation of the petitioner is not necessary. Many accused have already been released on bail. The petitioner has made out a case for releasing him on bail under Section 438 Cr.P.C. Accordingly, the application is allowed and in the event of arrest of the petitioner, he is ordered to be released on bail under Section 438 Cr.P.C. in F.I.R.No.286 dated 26.7.2008 registered at Police Station, Kangra, under Sections 147, 148, 149, 452, 506, 427, 323 I.P.C. on his furnishing personal bond in the sum of Rs.10,000 with one surety of the like amount to the satisfaction of Arresting Officer. The …3… petitioner shall join investigation as and when called by the concerned Investigating Officer and shall not hamper the investigation and tamper with the prosecution evidence in any manner. 4. The observations made in the order shall not be construed as expression of opinion on the merits of the case. Copy dasti, on usual terms. August 04, 2008 ( Kuldip Singh ), J. (soni)