IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No. 919 of 2009 Date of decision: October 27, 2009. Ravi Guleria …..Petitioner. Vs. State of H.P. …. Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 For the petitioner : Mr. Naresh Kaul, Advocate. For the Respondent : Mr. A.K. Bansal, Addl.A.G. Kuldip Singh, Judge (Oral). This is an application under Section 438 Cr.P.C. for grant of bail to the petitioner in FIR No. 393/06 registered on 17.9.2006 at Police Station, Sadar Mandi, under Sections 409, 420, 467, 468, 471, 120-B IPC and Section 13(2) of Prevention of Corruption Act, 1988. The status report has been filed. 2. Heard and perused the record. On behalf of the petitioner, it has been submitted that petitioner has been falsely implicated in the case. The petitioner is ready to join the investigation and furnish bail bonds in accordance with the directions of this court. The petitioner had not drawn any amount. The allegations against the petitioner are that he only attested the documents and identified some persons. The petitioner is not actual beneficiary of any amount allegedly withdrawn. It has been submitted that there are several Whether the reporters of the local papers may be allowed to see the Judgment? …2… accused in the case and many of them have been released on bail by the High Court. The main accused Ludar Chand was released on bail by the learned Addl. Sessions Judge, Mandi. The learned counsel for the p[petitioner has submitted that petitioner may also be granted bail under Section 438 Cr.P.C. 3. The bail application has been opposed by the learned Addl. Advocate General on the ground that several police-men had illegally withdrawn TAs worth lakhs of rupees. The petitioner has committed serious offence. The learned Addl. Advocate General has, however, not denied the fact that the allegation against the petitioner is only with respect to attestation of documents and identification of some persons and there is no allegation that petitioner is the actual beneficiary of alleged amounts illegally withdrawn by some police- men. It has not been denied that several accused have been granted bail by the High Court in the aforesaid FIR and even the main accused Ludar Chand has been granted anticipatory bail by the learned Addl. Sessions Judge, Mandi. It has, however, been submitted by the learned Addl. Advocate General that State has moved an application for cancellation of bail of Ludar Chand accused. 4. I have considered the rival contentions of the learned counsel for the parties. The FIR was registered on 17.9.2006, many accused have been released on bail by the High Court. The main accused Ludar Chand has already been granted anticipatory bail by the learned Addl. Sessions Judge, Mandi. The allegations against the petitioner are only with respect to attestation of documents and identification of some persons, who had allegedly withdrawn some …3… amounts. The petitioner has joined the investigation. It is not the case of the investigating agency that petitioner is not cooperating in the investigation. In the facts and circumstances of the case, the petitioner has made out a case for grant of bail under Section 438 Cr.P.C. and accordingly, the application is allowed and it is directed that in the event of arrest of the petitioner in FIR No. 393/06 registered on 17.9.2006 at Police Station, Sadar Mandi, under Sections 409, 420, 467, 468, 471, 120-B IPC and Section 13(2) of Prevention of Corruption Act, 1988, he be released on bail on his furnishing personal bond in the sum of Rs.25,000/- with one surety of the like amount to the satisfaction of Arresting Officer with the conditions that petitioner shall continue to join the investigation as and when called upon to do so by the Investigating Officer and shall not hamper the investigation or tamper with the prosecution evidence in any manner. 5. The observations made in the order shall not be construed as expression of opinion on the merits of the case. Copy dasti. October 27, 2009. ( Kuldip Singh ), (Hem) Judge.