Cr.M.P.(M) No. 1229 of 2008 5.12.2008 Present: Mr. Sanjeev Bhushan, 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 the case F.I.R. No. 223 of 2008 dated 7.9.2008 registered at Police Station, Barmana, District Bilaspur, H.P. under Sections 304 of the Indian Penal Code and Sections 181 and 187 of the Motor Vehicles Act. The case of the prosecution is that on 7.9.2008 the complainant Shri Krishan Lal has recorded his statement under Section 154 of the Code of Criminal Procedure in Police Post, Namhol. He has narrated that he saw two vehicles, Maruti Car No. HP-24-6223 and truck No. HP-51-8787 involved in the accident. The accident was caused by the petitioner while driving truck No. HP-51-8787 driven from Bilaspur side to Shimla. Dr. Vijay Sharma occupant of the car was rushed to Primary Health Centre, Namhol where he succumbed his injuries. A case under Sections 279 and 304-A of the Indian Penal Code and Section 187 of the Motor Vehicles Act was registered against the accused. Thereafter, section 304 of the Indian Penal Code was substituted. The spot map was prepared and photographs of the spot were also taken. The post-mortem of Dr. Vijay Sharma was got conducted and statements of the witnesses were recorded. Now, the challan has also been put up before the learned Judicial Magistrate Ist Class, Bilaspur. The petitioner had also moved an application for bail under Section 439 of the Code of Criminal Procedure before the learned Sessions Judge, Bilaspur. The same was rejected on 17.10.2008 primarily on the ground that since the petitioner had remained under ground for a period of more than one month before his arrest, there was possibility of his tampering with the records. I have heard the petitioner and the learned Senior Additional Advocate General. The accident has taken place on 7.9.2008. The petitioner was driving truck No. HP-51-8787. He has caused the accident with Maruti Car No. HP-24-6223 driven by late Dr. Vijay Sharma. The investigation is complete in this case. The challan has already been put up, as noticed above. No recoveries are to be effected from the petitioner. Accordingly, the petitioner has made out a case for being released on bail in the case FIR No. 223 of 2008 dated 7.9.2008 registered at Police Station, Barmana, District Bilaspur under Sections 304 IPC and Sections 187 and 181 of the Motor Vehicles Act. Consequently, the bail application is allowed. The petitioner is enlarged on bail 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, Bilaspur. The petitioner is directed not to tamper or intimidate the witnesses overtly or covertly. It is further directed that the petitioner shall not drive any vehicle till the trial is over. He is directed to surrender the driving license to the police. 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. December 5, 2008. (cr)