Cr.M.P.(M) 1133 of 2008 10.11.2008 Present: Mr. Bhupinder Ahuja, 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 releasing the petitioner on bail in FIR No.108 of 2008 registered at Police Station, Baijnath, District Kangra, H.P. under Sections 307 and 326 of the Indian Penal Code. The prosecution case in nutshell is that on 9.7.2008 at about 10.00 PM the petitioner demanded 5-10 bags of cement from the complainant and on his refusal, the petitioner got annoyed and assaulted the complainant with a chopper at his neck with the intention to kill him. The complainant saved himself from the assault by raising his left hand and in the process, he sustained injuries on his wrist. The learned Senior Additional Advocate General has resisted the bail application. Mr. Bhupinder Ahuja, Advocate submits that there is only solitary statement of the complainant and none else has corroborated the allegation leveled against the petitioner. The petitioner is a local resident of the area and there is no chance of the petitioner absconding or evading prosecution. The bail application under Section 439 of the Code of Criminal Procedure was filed before the learned Sessions Judge, Dharamshala. The learned Sessions Judge, Dharamshala dismissed the application vide order dated 8.9.2008. Mr. Bhupinder Ahuja further submits that there is no evidence connecting the accused with the commission of offence. Nothing is to be recovered from the accused person. Heard and perused the record. Since the investigation is complete, recoveries have already been effected and the challan has been put up, the petitioner has made out a case for the 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. 108 of 2008 registered on 10.7.2008 at Police Station, Baijnath, District Kangra under Sections 307 and 326 of the Indian Penal Code on his furnishing personal bond in the sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of the learned Sessions Judge/Additional Sessions Judge, Dharamshala. 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. November 10, 2008. (cr)