Cr.M.P.(M) No. 72 of 2009. 3.3.2009 Present: Mr. Jagdish Vats, 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 F.I.R. No. 110 of 2008 dated 23.11.2008 registered at Police Station, Rohru, District Shimla under Sections 302 and 201 read with Section 34 of the Indian Penal Code. Heard. Mr. Jagdish Vats submits that the petitioner has no complicity in the crime. The petitioner is permanent resident of the area and is employed in Education Board. The investigation in the case is over. The petitioner will abide by the terms and conditions to be imposed by the Hon’ble Court. The learned Senior Additional Advocate General submits that the application filed for the grant of bail by the other co-accused persons has been rejected by the learned Additional Sessions Judge, Shimla. The investigation in the case is almost complete and the challan has been put up in the Court of SDJM, Rohru. He further submits that as soon as the result of chemical analysis is received from the SFSL, Junga, the supplementary challan would be put up in the Court. I have gone through the copy of the challan filed by the police. It is clear from the challan that the accused has not caused any injuries to the deceased. It is not the case of the prosecution that any recovery is to be effected from him since all the recoveries have already been made. The petitioner is a local person and there is no possibility of his jumping the bail or not complying with the directions issued by this Court. No useful purpose will be served by detaining the petitioner in jail. Accordingly, the bail application is allowed. The petitioner is ordered to be released on bail in case F.I.R. No. 110 of 2008 dated 23.11.2008 registered at Police Station, Rohru, District Shimla under Sections 302 and 201 read with Section 34 of the Indian Penal Code on his furnishing personal bond in the sum of Rs. 10,000/- with one surety of the like amount to the satisfaction of the learned Sessions Judge/Additional Sessions Judge, Shimla. He is directed not to terrorize or to tamper with the prosecution evidence. However, liberty is reserved to the prosecution to move an application for cancellation of bail if the petitioner violates any of the conditions imposed. 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. March 3, 2009. (cr)