Cr.M.P.(M) No. 966 of 2008 22.9.2008 Present: Mr. Subhash Sharma, Advocate for the petitioner. Mr. Rajinder Dogra, Addl. A.G. with Mr. Vikas Rathore, Dy.A.G. for the respondent. This is an application under Section 438 of the Code of Criminal Procedure for granting anticipatory bail to the petitioner in FIR 10 of 2008 dated 13.9.2008 under Sections 3 & 7 of the Essential Commodities Act, 23 of the Petroleum Act and 201 of the Indian Penal Code registered at State Vigilance & Anti Corruption Bureau, Bilaspur, H.P. Heard and perused the record. The prosecution case in nutshell is that the petitioner is involved in committing the offence of storing petrol and kerosene oil illegally. The learned Additional Advocate General has resisted the bail application. Mr. Subhash Sharma, Advocate submits that his client is not involved in any manner with commission of the alleged offence and the prosecution has falsely implicated the petitioner in the case. Mr. Sharma further submits that his client owns two vehicles and deals in transporting the newspapers and he had to keep some petrol for use in the vehicles and also kerosene oil for the family consumption. Mr. Sharma also submitted that his client is an innocent person and undertake to abide by the terms and conditions to be imposed by the Court and that his client will make himself available for the interrogatioin/investigation of the case as and when required. The petitioner has made out a case for the grant of bail under Section 438 of the Code of Criminal Procedure. It is not the case of the prosecution that in case the petitioner is released on pre-arrest bail then he will not be available for interrogation. It is a fit case where the petitioner is not required to be interrogated in custody. Accordingly, the application is allowed. The interim bail granted on 18.9.2008 is confirmed on the same terms and conditions. In the event of arrest of the petitioner, he be released on bail in FIR No. 10 of 2008 dated 13.9.2008 under Sections 3 & 7 Essential Commodities Act, 23 of the Petroleum Act and 201 of the Indian Penal Code registered at State Vigilance & Anti Corruption Bureau, Bilaspur, H.P. 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’ on usual terms. (Rajiv Sharma), J. September 22, 2008. (cr)