IN THE HIGH COURT OF HIMACHAL PRADESH,SHIMLA. Cr.M.P.(M) No. 627 of 2011. Date of decision: 25.08.2011. _______________________________________________________ Prakash Chauhan & Ors. ….. Petitioners. Versus State of Himachal Pradesh. …. Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting? No For the Petitioners : Mr. Jagdish Vats, 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 438 Cr.P.C. for releasing the petitioners on bail in FIR No. 169 of 2011 dated 08.08.2011, registered at Police Station,Sadar, Shimla, under Sections 452, 323, 307 and 506 read with Section 34 IPC. The status report filed by the Investigating Agency has been perused. 2. It has been stated in the application that as per prosecution case petitioners have assaulted the complainant and she has sustained injuries. The allegations against the petitioners are false. The petitioners have been falsely implicated in the case. The entire story has been cooked up. The parties are neighbours , the complainant had blocked passage of the under construction __________________ Whether the reporters of the local papers may be allowed to see the Judgment? Yes …2… house of the petitioners. The complainant and her family members had given beatings to the wife of petitioner No.1 when they requested complainant not to block the passage leading to the under construction house of the petitioners. The petitioners are ready to join the investigation. Their custodial interrogation is not necessary. The petitioners are ready to furnish bail bonds in accordance with the directions of this Court. The petitioner No. 2 is a government servant. The prayer has been made for releasing the petitioners on bail. 3. The bail application has been opposed on the basis of status report. I have heard the learned counsel for the parties and have perused the police file. It has been stated in the status report that no fracture was found, injury is simple in nature. It has not been stated in the status report that petitioners are not co-operating in the investigation. The Investigating Agency has, however, stated that stone which was used by the petitioners is yet to be recovered. The petitioners No. 2 to 4 are women. The nature of injury found on the person of the complainant is not grievous. 4. In the facts and circumstances of the case, the petitioners have made out a case for grant of bail, hence in the event of arrest of petitioners in FIR No. 169 of 2011 dated 08.08.2011, registered at Police Station,Sadar, Shimla, under Sections 452, 323, 307 and 506 read with Section 34 IPC, they are ordered to be released on bail on their furnishing personal bond in the sum of `25,000/- each with one surety each of the like amount to the satisfaction of the Arresting Officer with the condition that petitioners shall join investigation as and when called by the Investigating …3… Officer. They shall not hamper the investigation and tamper with the prosecution evidence in any manner. 5. The observations made in the judgment are for disposal of the bail application and it shall not be construed as expression of opinion on the merits of the case. Copy ‘Dasti’. August 25, 2011. (Kuldip Singh), ( Krt) Judge.