Cr.M.P.(M) No. 958 of 2008 22.9.2008 Present: Mr. J.R. Poswal, Advocate for the petitioner. Mr. Rajinder Dogra, Addl. A.G. with Mr. Vikas Rathore, Dy.A.G. for the respondent. This application under Section 438 of the Code of Criminal Procedure has been preferred by the petitioner seeking pre-arrest bail in FIR No. 394 of 2008 dated 10.9.2008 under Sections 452, 324, 323 read with Section 34 of the Indian Penal Code registered at Police Station, Sunder Nagar, District Mandi, H.P. The report has been produced by the learned Additional Advocate General. Mr. J.R. Poswal, Advocate has strenuously argued that his client is innocent and has been falsely implicated in the case by the police. The learned Additional Advocate General has resisted the bail application. Heard. Perused the record and the report. The incident has taken place on 9.9.2008. First Information Report was registered on 10.9.2008. The petitioner had already joined the investigation. Mrs. Meena Devi and Somi Lal were medically examined at Civil Hospital, Sundernagar. In the X-ray report, no fracture has been noticed. It is evident from the report that the recovery of the weapons has already been made and no recovery is to be effected from the petitioner. The Court is of the opinion that it is not a fit case where the petitioner is required to be interrogated in custody. It is also not the case of the prosecution that the petitioner will not be available for facing the trial if enlarged on bail. Consequently, the petitioner has made out a case for pre- arrest bail. Accordingly, the application is allowed. In the event of arrest of the petitioner, he be released on bail in FIR No. 394 of 2008 registered on 10.9.2008 at Police Station, Sundernagar, District Mandi H.P. under Sections 452, 324, 323 read with Section 34 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 arresting Officer. 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’. (Rajiv Sharma), J. September 22, 2008. (cr)