Cr.M.P.(M) No. 642/2009 24.8.2009:Present: Mr. D.R. Sood, Advocate for the petitioner. Mr. R.K. Sharma, Sr. Additional Advocate General 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 FIR No. 188 of 2008 dated 14.7.2008 registered at Police Station, Palampur, District Kangra under Section 302/34 of the Indian Penal Code. Mr. D.R. Sood, Advocate has vehemently argued that his client is innocent and has been falsely implicated by the police. He then argued that no evidence till date has come against his client. The learned Senior Additional Advocate General has opposed the bail application. He also contended that in case the petitioner is enlarged on bail, there is possibility of record being tempered by the petitioner. I have heard the learned counsel for the parties and have perused the record carefully. The incident is dated 13.7.2008. The first information report (FIR) was registered on 14.7.2008. I have gone through the statements recorded under section 161 of the Code of Criminal Procedure by the Police. There is no direct involvement of the petitioner in the alleged offence. The blood stained shirt was recovered from his possession only. He is also not one of the main accused. Nobody has seen the petitioner giving beatings to the deceased. Mr. R.K. Sharma has vehemently argued that in case the petitioner is enlarged on bail, he will temper with the record and may threaten the prosecution witnesses. This cannot be the ground to deny the bail. In case there is such possibility, stringent conditions can always be imposed by the Courts. In these circumstances, the application is allowed. The petitioner is ordered to be released on bail in case FIR No. 188 of 2008 dated 14.7.2008 registered at Police Station, Palampur, District Kangra under Section 302/34 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 learned Sessions Judge/Additional Sessions Judge, Kangra at Dharamshala. The petitioner is directed not to temper with the evidence nor advance any threats to the prosecution witnesses overtly or covertly. In case the petitioner fails to abide by these conditions, it will be open for the State to move appropriate application for cancellation of his bail. 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) Judge. August 24, 2009. *awasthi*