Cr.M.P(M) No.779 of 2008 6.8.2008 Present: Mr. Raman Sethi, Advocate for the petitioner. Mr. Rajinder Dogra, Addl. Advocate General with Mr. Vikas Rathore, Dy. A.G. for the State-Respondent. This is an application under Section 439 Cr.P.C. for releasing the petitioner on bail in FIR No.71 of 2008 registered on 9.6.2008 at Police Station Barotiwala, Tehsil Nalagarh, District Solan, H.P. under Sections 328, 395, 412, 414, 458 and 120-B IPC. Heard and perused the record. The prosecution case in nutshell is that on the intervening night of 8/9.6.2008 a theft was committed in the store of Factory named as G.M.H. Organic, a drug manufacturing Company situated at Village Jharmajri, Tehsil Nalagarh, District Solan whereby some boxes of Piperacillin Tazobactum and Cefotoxine Sodium were found stolen from the store of the Factory. The learned Additional Advocate General has resisted the bail application. He submits that at the instance of the petitioner stolen property worth Rs.18,00,000/- has been recovered. However, the remaining stolen case property is still to be recovered. Mr. Raman Sethi, Advocate submits that his client is not involved in any manner with the alleged theft and the prosecution has not pin-pointed the manner in which his client is involved in the theft. He further submitted that in the same FIR, two accused persons have been granted bail by this Court. This fact has not been disputed by the learned Additional Advocate General. - 2 - Since the prosecution has failed to pin-point the role played by the petitioner in this stolen property and two accused had already been enlarged on bail by this Court, the petitioner has made out a case for grant of bail under Section 439 Cr.P.C. Accordingly, the application is allowed. The petitioner is ordered to be released on bail in FIR No. 71 of 2008 registered on 9.6.2008 at Police Station Barotiwala, Tehsil Nalagarh, District Solan, H.P. under Sections 328, 395, 412, 414, 458 and 120-B IPC on his furnishing personal bond in the sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the learned Sessions Judge, Solan. 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 express opinion on the merits of the case. Copy ‘Dasti’ on usual terms. (Rajiv Sharma), J. August 6, 2008 (GR)