IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.M.P.(M) No. 1039 of 2009 Date of decision : 8.12.2009 ____________________________________________________________ Yashwant Singh …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. Neeraj Sharma, Advocate. For the Respondent : Mr. Anshul Bansal, Addl. A.G. with Mr. R.P. Singh, Assistant AG. Kuldip Singh, Judge (Oral) This is an application under Section 438 Cr.P.C. for releasing the petitioner on bail in FIR No. 102/09 dated 27.11.2009 registered at Police Station, Anni under Sections 323, 324, 341, 506-II IPC. The status report has been filed. 2. Heard and perused the record. 3. It has been submitted on behalf of the petitioner that the petitioner is apprehending his arrest in view of the registration of the case against him. The prosecution case is that the petitioner had assaulted Tabe Ram with a sickle and gave him one blow as a result of which Tabe Ram received injury on his leg. The prosecution story is false and fabricated. The petitioner is innocent. The petitioner is __________________________ Whether reporters of Local Papers may be allowed to see the Judgment ?Yes 2 ready to join the investigation. The learned counsel for the petitioner has prayed for grant of bail to the petitioner. 4. The learned Addl. Advocate General has made submissions on the basis of status report. It is the case of the Investigating Agency that on 27.11.2009 Tabe Ram lodged a report that on 26.11.2009 his daughter Surma Devi had informed the complainant on phone that her Jeth Yaswant Singh gave her beatings, the complainant accompanied with some persons went to the house of his daughter and reached there on 27.11.2009 at about 9.30 A.M. He had talked with the father-in-law of his daughter and others. In the meantime the petitioner gave drat blow on the left leg of the complainant; from the injury blood started oozing out. The injured was got medically examined. 5. It has been stated by learned Addl. Advocate General that recovery of drat has been made. In fact the investigation in the case is complete. There is nothing in the status report that the petitioner has not co-operated in the investigation. In the facts and circumstances of the case no purpose will be served by detaining the petitioner. The petitioner has made out a case for grant of bail under Section 438 Cr.P.C. Accordingly, application is allowed. The petitioner in the event of arrest in FIR No. 102/09 dated 27.11.2009 registered at Police Station, Anni under Sections 323, 324, 341, 506-II IPC is directed to 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 with the conditions that petitioner 3 shall not hamper the investigation and tamper with the prosecution evidence in any manner. Copy Dasti on usual terms December 8, 2009 (Kuldip Singh), (sks) Judge