IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No.806 of 2009. Date of decision: 16.9.2009. Pankaj Kumar …… Petitioner Vs. State of H.P. …. Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 No For the Petitioner : Mr. Rajiv Rai, Advocate. For the Respondent : Mr. Anshul Bansal, Addl. Additional Advocate General with Mr. R.P. Singh, Assistant Advocate General Kuldip Singh, Judge. (Oral) The petitioner has filed this application under Section 438 Cr.P.C. for grant of bail in FIR No.248 of 2009 registered at Police Station, Sadar, Distt Bilaspur on 21.8.2009 under Sections147, 148, 149, 323 and 506 IPC. The status report has been filed. 2. Heard and perused the record. It has been submitted on behalf of the petitioner that petitioner is pursuing law course in H.P. University, Shimla and before that he had been a student of Whether the reporters of the local papers may be allowed to see the Judgment?Yes Govt. College, Bilaspur where he was associated with students organization namely “Bilaspur Students Association”. At Bilaspur he had contested the election of Joint Secretary in SCA election held in the year 2007. On 21.8.2009 Student Central Election was again held in Bilaspur Degree College and the panel of “Bilaspur Students Association” won the election with huge margins. This was not liked by other Students Associations. The students blocked the road; police used lathi charge, as a result of which many students were injured. The petitioner was earlier associated with “Bilaspur Students Association” therefore, he has been falsely implicated in the case. The learned counsel appearing on behalf of the petitioner has prayed for grant of bail to petitioner under Section 438 Cr.P.C. 3. Mr. Anshul Bansal, Learned Addl. Advocate General has opposed the bail application. It has been stated in the status report that the case has been registered on the complaint of Sohan Singh. The injured were got medically examined. Injured Kanchan was referred to PGI, injured Sohan Lal and Vikram Chand were referred to IGMC, Shimla. The X-ray reports have not yet been received and therefore, nothing can be said about the injuries. The arrest of the petitioner is required in the case. The petitioner was granted interim bail on 10.9.2009 and he has joined the investigation. In the status report nothing has been said regarding the recoveries. It has also not been alleged that petitioner is not co- operating with the investigation. On 31.8.2009 this Court has allowed bail applications being Cr.MP(M) No.733 of 2009 and Cr.MP(M) No.734 of 2009 arising out of same FIR. 4. The perusal of order dated 31.8.2009 indicates that 9 accused were released by learned Judicial Magistrate, Bilaspur in the same FIR. It is not the case of the Investigating Agency that the petitioner is hampering the investigation or threatening the witnesses, therefore, in the facts and circumstances of the case, I am satisfied that the petitioner has made out a case for grant of bail. Accordingly, bail application under Sections 438 Cr.P.C is allowed. The petitioner in the event of arrest in FIR No.248 of 2009 registered at Police Station, Sadar, Distt Bilaspur on 21.8.2009 under Sections147, 148, 149, 323 and 506 IPC, be released on bail on his furnishing personal bond in the sum of Rs.10,000/- with one surety of the like amount to the satisfaction of the Arresting Officer subject to the condition that he shall join the investigation as and when called by the Investigating Officer and shall not hamper the investigation and tamper with the prosecution evidence in any manner. Copy Dasti on usual terms ( Kuldip Singh) Judge September 16, 2009 (sks)