IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.M.P.(M) No. 902 of 2011 Date of decision : 16.11.2011. ____________________________________________________________ Keshav Ram …Petitioner. Versus State of Himachal Pradesh . …Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting ? No For the Petitioner : Mr. Ajay Chandel, Advocate. For the Respondent : Ms. Ruma Kaushik, Addl. A.G. with Mr. J.S.Rana, Asstt. A.G. Kuldip Singh, Judge (Oral) This is an application under Section 439 Cr.P.C. for releasing the petitioner on bail in FIR No. 204 of 2010 dated 5.9.2010 registered at Police Station, Manali, under Sections 307, 34 IPC. 2. It has been stated in the application that the petitioner is innocent and he has been falsely implicated in the case. The petitioner has nothing to do with the commission of the alleged offence. The petitioner is in judicial custody since 21.3.2011, no recovery is to be made from the petitioner. The continuous custody of the petitioner will not serve any purpose as the investigation in the case is complete. It has been stated that the petitioner is ready to furnish bail bonds in accordance with the directions of this Court. The petitioner filed bail application which has been dismissed by the learned Additional ______________________ 1 Whether reporters of Local Papers may be allowed to see the Judgment ? yes 2 Sessions Judge, Fast Track Court, Kullu on 19.10.2011. The prayer has been made for releasing the petitioner on bail. 3. The status report has been filed. It has been stated that the case has been registered on the statement under Section 154 Cr.P.C. of Virender Sharma on 5.9.2010. It has been stated that the complainant at about 11.00 p.m. had some quarrel with Mahinder Rana owner of Rana Restaurant near old Manali. The petitioner attacked the complainant with knife. The other two accused attacked him with danda. Thereafter, they threw him in Nallah. The MLC of Virender Sharma received from MO Mission Hospital Manali indicates injuries dangerous to life. The petitioner was arrested on 21.3.2011. The challan has been filed in the Court on 10.5.2011 and now the case is fixed for consideration of charge on 16.11.2011 before the learned Additional Sessions Judge, Fast Track Court, Kullu. It has been stated that there are three accused but two of them have been released on bail. It has been stated that role played by the petitioner is separate, distinct and keeping in view the gravity of offence he is not entitled to bail. 4. I have heard both the sides and perused the record. In the FIR it has been stated that the petitioner gave several knife blows to the complainant. Vikesh Sharma intervened but the petitioner gave knife blows to him also. The other two accused gave danda blows. He was thrown in the Nallah. A copy of Medico Legal Certificate of Virender Sharma available in the police file indicates injuries No. 2, 3 and 4 dangerous to life, all injuries 1(a) to 1(g) grievous. The MLC of Vikesh Sharma indicates injury No. 2 dangerous to life but injury No.1 3 is also stab injury. It appears from the MLC of Virender Sharma that he has been repeatedly stabbed. The repeated knife blows by the petitioner shows the gravity of the offence. The petitioner was not satisfied with one blow, he used knife repeatedly for stabbing Virender Sharma and Vikesh Sharma. The case is now fixed for consideration of charge on 16.11.2011 before the learned Additional Sessions Judge, Fast Track Court, Kullu. In view of serious allegations against the petitioner, he is not entitled to bail and his bail application is rejected. 5. The observations made in this judgment are for disposal of bail application only and the same shall not be construed as an expression of opinion on the merits of the case. November 16, 2011 ( Kuldip Singh ) (GR) Judge.