Cr.M.P.(M) No. 333 of 2009. 8.5.2009 Present: Mr. Ashwani Pathak, 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. 146 of 2008 dated 27.8.2008 registered at Police Station, Karsog under Section 302 read with Section 34 of the Indian Penal Code. Mr. Ashwani Pathak, Advocate submits that the petitioner is an innocent person and has been falsely implicated in this case. The petitioner has been arrested by the police without any material evidence. The investigation in the case is complete and no useful purpose would be served by detaining the petitioner. The learned Sessions Judge, Mandi has rejected the application filed before him vide order dated 3.3.2009 under the wrong observation that the case is under investigation. He further submits that his client will abide by all such terms and conditions which the Hon’ble Court may impose upon him. The learned Senior Additional Advocate General submits that the application filed for the grant of anticipatory bail by the petitioner has been rejected by the learned Additional Sessions Judge Mandi. He has strongly opposed the bail application. I have heard the parties. The plea raised by Mr. Ashwani Pathak that his client has been falsely implicated merits rejection. The weapon of offence i.e. iron bar has been recovered at the instance of his client under Section 27 of the Indian Evidence Act. The petitioner and Mohinder Singh the other co- accused are friends as is evident form the record. Consequently, the petitioner has not made out a case for his release on bail. Accordingly, the application 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. May 8, 2009. (cr)