Cr.M.P.(M) No. 959 of 2008 24.9.2008 Present: Mr. Vinod Gupta, Advocate for the petitioner. Mr. Rajinder Dogra, Addl. A.G. with Mr. Vikas Rathore, Dy.A.G. for the respondent. This is an application under Section 439 of the Code of Criminal Procedure for releasing the petitioner on bail in case FIR No. 192 of 2008 dated 18.7.2008 registered at Police Station, Palampur, District Kangra, H.P. under Section 436 of the Indian Penal Code. The learned Additional Advocate General has produced the record and the report. Heard. Perused the record and the report. The prosecution case in brief is that the petitioner threatened the complainant to destroy her property and has set the house of the complainant on fire on the intervening night of 17/18.7.2008. The petitioner had filed an application for his release on bail before the learned Sessions Judge, Kangra at Dharamshala, which has been dismissed vide order dated 12.8.2008. The learned Additional Advocate General has resisted the bail application. Mr. Vinod Gupta, Advocate submits that the petitioner is an innocent person and has been falsely implicated in the case. Nothing is to be recovered from the petitioner. Mr. Vinod Gupta further submits that the petitioner undertakes not to tamper with the prosecution evidence in any manner and shall abide by the terms and conditions to be imposed by the Court. Since nothing is to be recovered from the petitioner and the challan in the case has already been filed on 17.9.2008 before the learned JMIC (1), Palampur, the petitioner is ordered to be released on bail in case FIR No. 192 of 2008 dated 18.7.2008 registered at Police Station, Palampur under Section 436 of the Indian Penal Code on his furnishing personal bond in the sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of the learned Sessions Judge/Additional Sessions Judge, Kangra at Dharamshala. The petitioner shall not tamper with the prosecution evidence in any manner. The observations made in this order are for the disposal of this application and these shall not be treated as an expression/opinion on the merits of the case. Copy ‘Dasti’. (Rajiv Sharma), J. September 24, 2008. (cr)