Cr.M.P.(M) No. 155 of 2009 19.3.2009 Present: Mr. Ashutosh Burathoki, Advocate for the petitioners. Mr. R.K. Sharma, Sr. Addl. A.G. with 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 petitioners in case F.I.R. No. 188 of 2008 dated 14.7.2008 registered at Police Station, Palampur under Section 302 read with Section 34 of the Indian Penal Code. Mr. Ashutosh Burathoki has strenuously argued that his clients are innocent persons and have been falsely implicated by the police as there is no incriminating evidence against them to connect with the commission of alleged offence. He further submits that the investigation in the case is complete and the petitioners are no more required for investigation and the challan has been put up in the Court. The learned Senior Additional Advocate General has opposed the bail application. I have heard the arguments of both the sides. I have also gone through the contents of challan filed by the Investigating Officer. There is no averment in the challan whatsoever what role the petitioners have played in the alleged offence. The main accused is Hans Raj. The bail cannot be denied to these petitioners only on the ground that the report of foot prints and DNA sample is awaited from the Laboratory. Consequently, the petitioners have made out a case for their release on bail. Accordingly, the bail application is allowed. The petitioners are ordered to be released on bail in case F.I.R. No. 188 of 2008 dated 14.7.2008 registered at Police Station, Palampur under Section 302 read with Section 34 of the Indian Penal Code on their furnishing personal bonds in the sum of Rs. 10,000/- with one surety each of the like amount to the satisfaction of the learned Sessions Judge/Additional Sessions Judge, Dharamshala. They are 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 petitioners violate 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 19, 2009. (cr)