IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P(M) Nos 900 & 901 of 2011. Date of decision: 11.11.2011. 1. Cr.MP(M) No. 900 of 2011. Sanjay alias Sanju …..Petitioner. Vs. State of H.P. …. Respondent. 2. Cr.MP(M) No. 901 of 2011. Devash Kumar …..Petitioner. Vs. State of H.P. …. Respondent Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 For the petitioners : Mr. N.S.Chandel, Advocate. For the Respondent : Ms. Ruma Kaushik, Addl. Advocate General. Kuldip Singh, Judge (oral). This judgement shall dispose of Cr.MP(M) Nos. 900 and 901 of 2011, filed under Section 439 Cr.P.C. for releasing the petitioners on bail, as both the petitions have arisen out of FIR No. 211/2011 dated 1.11.2011 registered at Police Station, Jubbal, under sections 341, 323, 506, 509 IPC and section 3(1(ix) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2. Cr.MP(M) No. 900 of 2011 has been filed by Sanjay alias Sanju and Cr.MP(M) No. 901 of 2011 has been filed by Devash. Whether the reporters of the local papers may be allowed to see the Judgment? …2… It has been stated in the applications that petitioners are innocent. They been been falsely implicated in the case. The petitioners have nothing to do with the alleged offence. There is no legal evidence on record to connect the petitioners with the commission of alleged offence. The petitioners are ready to furnish bail bonds in accordance with the directions of this court. The prayer has been made for releasing the petitioners on bail. 3. The status report has been filed in Cr.MP(M) No. 900 of 2011. I have heard the learned counsel for the parties and have also gone through the record. The allegations against the petitioners are that petitioners alongwith one Rohit gave beatings to complainant and his father and called them by their caste. The petitioners belong to high caste, whereas the complainant belongs to scheduled case. The petitioners were arrested on 2.11.2011. The investigation in the case is almost complete. 4. It has been stated by the learned Additional Advocate General that now only the caste certificates are to be taken into possession. No purpose will be served by detaining the petitioners in jail for indefinite period. The trial of the case will take some time. The law will take its own course as regards the registration of case against the petitioner Devash Kumar under the NDPS Act. In so far as the present case is concerned, the petitioners have made out a case in their favour for grant of bail under Section 439 Cr.P.C. 5. Thus, the petitions are allowed and petitioners are ordered to be released on bail in case FIR No. 211/2011 dated 1.11.2011 registered at Police Station, Jubbal, under sections 341, …3… 323, 506, 509 IPC and section 3(1(ix) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, on their furnishing personal bond in the sum of Rs.25,000/- each with one surety each of the like amount to the satisfaction of any Judicial Magistrate stationed at Shimla with the conditions that petitioners shall continue to join the investigation as and when directed by the investigating officer and shall not hamper the investigation or tamper the prosecution evidence in any manner. 6. Any observation made hereinabove shall not be construed as an expression of opinion over the merits of the case. The applications stand disposed of. Copy dasti. November 11, 2011. ( Kuldip Singh ) (Hem) Judge.