IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.M.P.(M) No.: 865 of 2008. Decided on: 01.09.2008. _________________________________________________________ Rai Singh … … Petitioner. Versus State of Himachal Pradesh. … … Respondent. Coram: The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting?1 No. For the Petitioner: Mr. Y.P. Sood, Advocate. For the Respondent: Mr. Rajinder Dogra, Addl. Advocate General with Mr. Vikas Rathore, Deputy Advocate General. Rajiv Sharma, Judge (Oral): The petitioner has filed this petition under Section 438 Cr.P.C. for releasing him on bail in F.I.R. No. 50 of 2008, dated 3.8.2008 registered with Police Station, Chopal, District Shimla H.P. under Sections 353, 504 read with Section 34 of Indian Penal Code. The respondent has filed the status report. I have heard the learned counsel for the parties and perused the status report carefully. Whether reporters of local papers may be allowed to see the judgment? No. - 2 - The learned Additional Advocate General on the instructions received from A.S.I. Sapinder Singh, Investigating Officer, Police Station Chopal, District Shimla has stated that the petitioner has resisted and obstructed the police officials in discharge of their official duties. According to the learned Additional Advocate General when the police officials went to arrest Shri Prem Singh, they were manhandled and scolded. The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the case. It is evident from the report filed by the State that Shri Durga Singh has already been enlarged on bail by the Judicial Magistrate Ist Class, Jubbal on 20th August, 2008. It is also clear from the report that the petitioner was also interrogated after the order dated 27th August, 2008. Mr. Yadupati Sood submits that the petitioner is ready and willing to furnish the bail bonds. He has further submitted that the custodian interrogation of the petitioner is not necessary in the present case. The co-accused, Shri Durga Singh has already been enlarged on bail as noticed above. The petitioner had already been interrogated by the police. It is not the case of the Prosecution that the petitioner has hampered the investigation or tempered with the evidence. It is also not the stand of the prosecution that in the event of pre-arrest release of the petitioner on bail, he will not be available for interrogation. The petitioner has made out a case for bail under Section 438 Cr.P.C. Therefore, the petition is allowed and the petitioner in the event of his arrest is ordered to be released on bail in F.I.R. No.50 of 2008 dated 3.8.2008 registered at Police Station, Chopal under Sections 353 and 504 read with Section - 3 - 34 of 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, subject to the condition that the petitioner shall join the investigation as and when called by the Investigating Officer to do so and shall not hamper the investigation or temper with the prosecution evidence in any manner. The observations made in this order are for disposal of this application only and these shall not be treated as expression of opinion on the merits of the case. Copy Dasti on usual terms. September 1, 2008. (Rajiv Sharma), (sck) Judge.