1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P.(M) Nos. 776 ,777, 778 & 779 of 2011. Date of decision: 11.10.2011. 1. Cr.M.P.(M) No. 776 of 2011. Devi Singh. ......Petitioner. Versus State of H.P. ......Respondent. 2. Cr.M.P.(M) No. 777 of 2011. Ram Chand. ......Petitioner. Versus State of H.P. ......Respondent. 3. Cr.M.P.(M) No. 778 of 2011. Bhag Singh. ......Petitioner. Versus State of H.P. ......Respondent. 4. Cr.M.P.(M) No. 779 of 2011. Tulsi Ram. ......Petitioner. Versus State of H.P. ......Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting ?1 No For the Petitioner(s) : Mr. Neel Kamal Sharma, Advocate. For the Respondent(s) : Ms. Ruma Kaushik, Addl. A.G. with Mr.J.S.Rana,Asstt. A.G. Kuldip Singh , Judge( Oral). This judgment shall disposed of Cr.M.P.(M) Nos. 776, 777, 778 and 779 of 2011, all having arisen out of FIR No. 112/2011, dated 1 Whether reporters of Local Papers may be allowed to see the Judgment ? Yes 2 28.08.2011,registered at Police Station Tissa, under Sections 307, 451, 325, 323, 34 IPC. The status report filed in Cr.M.P.(M) No. 776 of 2011 has been perused. 2. It has been stated in the applications that petitioners have been falsely implicated in the case. The petitioners Devi Singh, Ram Chand, Bhag Singh are brothers and sons of petitioner Tulsi Ram. It has been stated that complainant is working in the Police Department and has falsely implicated the petitioners. The petitioners had earlier filed bail applications which were dismissed by learned Sessions Judge, Chamba, on 24.09.2011 on the ground that the offence is serious and petitioners were not present when the applications were called. 3. It has been stated that the petitioners are ready to join the investigation and furnish bails bonds in accordance with the directions of the Court. The prayer has been made for releasing the petitioners on bail. 4. The bail applications have been opposed on the basis of the status report. It has been stated that case has been registered on the basis of statement under Section 154 Cr.P.C. of injured Bajiru Ram. It has been alleged that on 27.08.2011 at about 2.00-3.00 p.m., the complainant had objected the flow of dirty water coming from the house of petitioner Tulsi Ram. This was not tolerated by the petitioners and all of them started giving beatings to the complainant. Ram Chand petitioner hit the injured with stone on his head, all the petitioners gave beatings to the injured with fist and kick blows, as a result of which, the injured sustained several injuries. It has been alleged that as a result of beatings the injured became unconscious, he regained consciousness on 3 next day. 5. The doctor issued MLC. The injured has received six injuries out of which four were simple and for two injuries the injured was referred to R.H., Chamba. M.O., C.H.C., Tissa, has opined that the injury No.1 is grievous. The complainant was referred to Neuro- Surgeon, I.G.M.C., Shimla, where he remained under treatment. M.O., C.H.C.,Tissa, has given his final opinion to the effect that injuries referred to him in the MLC and inflicted on the victim were dangerous to life, if left unattended ( if left without treatment). 6. There is nothing in the status report that any recovery is to be made from the petitioners. It appears the investigation in the case is almost complete, only report from F.S.L. is awaited. It has not been suggested in the status report that petitioners are not co-operating in the investigation. According to the Investigating Agency,the occurrence took place over flow of waste water from the house of Tulsi Ram petitioner in the courtyard of complainant. Thus, keeping in view the entire facts, the petitioners have made out a case for grant of bail under Section 438 Cr.P.C. 7. In these circumstances, the applications are allowed and in the event of arrest of petitioners Devi Singh, Ram Chand, Bhag Singh and Tulsi Ram in FIR No. 112/2011, dated 28.08.2011,registered at Police Station Tissa, under Sections 307, 451, 325, 323, 34 IPC, they be released on bail on their furnishing personal bonds 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 continue to join the investigation as and when directed by the 4 Investigating Officer and shall not hamper the investigation and tamper with the prosecution evidence in any manner. 8. The observations made in the judgment are for the disposal of the bail applications only and shall not be construed as an expression of opinion on the merits of the case. Copy 'dasti'. ( Kuldip Singh ), Judge. October 11, 2011. (Krt)