Cr.M.P.(M) No. 850 of 2008 27.8.2008 Present: Mr. Virender Singh, Advocate for the petitioner. Mr. Rajinder Dogra, Addl. A.G. with Mr. Vikas Rathor, Dy.A.G. for the respondent. This is an application under Section 439 of the Code of Criminal Procedure for releasing the petitioner on bail in FIR No. 43 of 2007 registered on 27.3.2008 at Police Station, Baddi, Tehsil Nalagarh, District Solan, H.P. under Sections 393, 460 and 120-B of the Indian Penal Code. Heard and perused the record. The prosecution case in nutshell is that on the intervening night of 22/23.3.2008 a theft was committed in Medoz Pharma Factory, whereby some raw material for the preparation of medicines was found stolen from the factory. The learned Additional Advocate General has resisted the bail application. Mr. Virender Singh, 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. The learned Additional Advocate General could not point out on the basis of the record what precise role the applicant has played in committing the theft. Consequently, the petitioner has made out a case for grant of bail under Section 439 of the Code of Criminal Procedure. Accordingly, the application is allowed. The petitioner is ordered to be released on bail in FIR No. 43 of 2007 registered on 27.3.2008 at Police Station, Baddi, Tehsil Nalagarh, District Solan, H.P. under Sections 393, 460 and 120-B 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, 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 expression/opinion on the merits of the case. Copy ‘Dasti’ on usual terms. (Rajiv Sharma), J. August 27, 2008. (cr)