Cr.M.P.(M) No. 1368 of 2008 6.1.2009 Present: Mr. Virender Singh Chauhan, 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 grant of bail to the petitioner in case FIR No. 120 of 2008 dated 10.9.2008 registered at Police Station, Dharampur, District Solan, H.P. under Section 395, 342 and 323 of the Indian Penal Code. The case of the prosecution in nutshell is that a report was received on 10.9.2008 from one Shri Vijay Kumar, son of Shri Kartar Singh, resident of village Ghumarwin, Post Office, Pairbi, Police Station, Badsar, District Hamirpur that on 9.9.2008 he was driving the truck to Ahmedabad from Deha (Theog) situated in District Shimla. He in the company of Shri Ramesh Chand and his brother Shri Sudarshan after taking their dinner at Sheel Bag, reached Jabli on 10.9.2008 at 3.30/4.00 AM. Truck was parked on side. Two-three persons came from the driver’s side and three-four persons came from conductor’s side and caught hold of Shri Ramesh Chand and Shri Surdarshan. He along with Shri Ramesh Chand was tied with rope and shifted to truck No. HP 14A-4008. They were released at Kalka with the help of people. The accused carried away his mobile as well as mobile of Shri Ramesh Chand. Both the trucks were taken to Pinjore and a report was made on the basis of which first information report was lodged. The petitioner was arrested on 19.9.2008. He remained in police custody up to 27.9.2008. He moved an application before the learned Additional Sessions Judge, Solan on 24.10.2008. The bail application has been rejected by the learned Additional Sessions Judge, Solan on the ground that some of the accused were still untraceable. Mr. Virender Singh Chauhan has strenuously argued that the investigation is over and the challan has already been put up by the police. He further contended that there is no likelihood of tampering the evidence by the petitioner. The learned Senior Additional Advocate General has opposed the bail application. I have heard the learned counsel for the parties and have perused the record carefully. Since the challan has already been put up and the accused is in the custody since 19.9.2008, it is a fit case where the petitioner can be permitted to be released on bail. The reason assigned by the learned Additional Sessions Judge, Solan to reject the bail that some accused were still untraceable was not sufficient to deny the bail. Accordingly, the application is allowed. The petitioner is ordered to be released on bail in case FIR No. 120 of 2008 dated 10.9.2008 registered at Police Station, Dharampur, District Solan under Section 395, 342 and 323 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, Solan. 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. Copy ‘Dasti’ on usual terms. (Rajiv Sharma), J. January 6, 2009. (cr)