Cr.M.P.(M) No. 44 of 2009 13.2.2009 Present: Mr. Hamender Chandel, Advocate for the petitioner. Mr. P.K. Sharma and Mr. Vivek Thakur, Addl. A.Gs. with Mr. J.S. Rana, Asstt. A.G. for the respondent. This is an application under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the petitioner in FIR No. 13 of 2009 dated 20.1.2009 registered at Police Station, Theog, District Shimla under Section 379 of the Indian Penal Code and 33 of the Indian Forest Act. The learned Additional Advocate General has opposed the bail application. I have gone through the records and the status report furnished by the learned Additional Advocate General. The wood of the trees alleged to have been cut/removed by the petitioner and the axe already stand recovered by the Forest Department. No other recoveries are to be effected from the petitioner. According to Mr. Hamender Chandel, the prosecution has falsely involved the petitioner in this case. He undertakes to abide by all the conditions imposed by this Court and will join the investigation as and when called for by the police. The Court is of the opinion that the petitioner is entitled to be released on bail in the eventuality of his arrest. Accordingly, the application is allowed. The petitioner is ordered to be released on bail in the case FIR No. 13 of 2009 dated 20.1.2009 registered at Police Station, Theog under Section 379 of the Indian Penal Code and Section 33 of the Indian Forest Act on his furnishing personal bond in the sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of the Arresting Officer. 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), Vacation Judge. February 13, 2009. (cr)