Cr.M.P.(M) No. 562 of 2009. 22.7.2009 Present: Mr. M.S. Chandel, Senior Advocate with Mr. Rakesh Jaswal, Advocate for the petitioner. Mr. R.K. Sharma, Sr. Addl. A.G. with Mr. Rajinder Dogra, Addl. A.G. for the respondent. This is an application under Section 439 of the Code of Criminal Procedure for grant of bail to the petitioner in case F.I.R. No. 154 of 2008 dated 30.6.2008 registered at Police Station, Nalagarh under Sections 392, 397, 452 and 458 of the Indian Penal Code and Section 25 of the Arms Act. Mr. M.S. Chandel has vehemently argued that his client is innocent and has been falsely implicated by the police. He further submitted that the petitioner shall abide by the terms and conditions imposed by this Court in case he is enlarged on bail. The learned Senior Additional Advocate General has opposed the application. I have heard the parties and gone through the status report produced by the learned Senior Additional Advocate General. It is evident from the records produced by the State that recovery of the bag has been effected on the basis of the statement of the petitioner recorded under Section 27 of the Evidence Act. The police has also recovered the motor cycle and pistol used by the petitioner and other co-accused in the incident dated 29/30.6.2008. The challan has already been filed by the police on 24.10.2008. The trial Court has fixed the case for prosecution evidence on 3.8.2009. Prima facie, it appears that the petitioner is involved in the alleged offence. The petitioner has failed to make out a case for enlargement on bail. Accordingly, in view of the observations made hereinabove, there is no force in the application and the same is rejected. The observations made in this order are for the disposal of this application and the same shall not be treated as an expression or opinion on the merits of the case. (Rajiv Sharma), J. July 22, 2009. (cr)