IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No. 617 of 2011 Date of decision: 24.08.2011 Rajbir Singh …. Petitioner Vs. State of H.P. ….. Respondent Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 No For the Petitioner : Mr. N.S.Chandel, Advocate. For the Respondent : Ms. Ruma Kaushik, Addl. Advocate General 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 petitioner on bail in FIR No. 78 of 2011 dated 8.7.2011 registered at Police Station East, Shimla, under Sections 386 and 120-B IPC. The status report filed and same has been perused. 2. It has been stated in the application that Harpreet Singh father of the complainant Ms.Sehaj and Gurpreet Singh father of the petitioner are real brothers and both of them are owners of ‘Dimple Cottage’, Shimla, both the floors of ‘Dimple Cottage’ have been rented out to Vijayant Chaudhary and Gurinder Singh tenants who are residing in first floor and second floor respectively of the ‘Dimple Cottage’. The tenants are in exclusive possession of respective floors in ‘Dimple Cottage’. Whether the reporters of the local papers may be allowed to see the Judgment? yes 2 3. The complainant has alleged that a dispute is going on between Harpreet Singh and her uncle Gurpreet Singh. The petitioner has stated in February 2011, Vijayant Chaudhary filed a suit for injunction against Gurpreet Singh and Harpreet Singh restraining them from interfering in his peaceful possession which was compromised on 26.3.2011. Harpreet Singh is not in possession of any part of the building ‘Dimple Cottage’. In order to take possession of the building on 21.4.2011, Harpreet Singh alongwith his wife illegally and forcibly trespassed the property in question by breaking doors. In this regard, two different FIRs being FIR No. 41 and 44 of 2011 were registered in Police Station East, Shimla which were lodged by the tenants. 4. On 24.4.2011 Harpreet Singh again tried to enter ‘Dimple Cottage’ along with his rifle twice in the evening alongwith the assistance of the official of Police Station East, Shimla. Harpreet Singh could not enter the premises, all the occupants except Harpreet Singh were booked under Section 107, 151 Cr.P.C. It has been alleged that local police is conniving with Harpreet Singh. On 29.4.2011 FIR under Section 25/30 of the Arms Act was registered against Harpreet Singh of the incident pertaining to 24.4.2011. 5. It has been alleged that on 8.7.2011 at about 10.45 a.m. 7- 8 persons entered the house where the complainant was residing and on the intervention of the police all persons except two ran away from the spot. On these allegations, a case under Sections 386 and 120-B IPC was registered at Police Station East, Shimla on 8.7.2011 being FIR No. 78 of 2011. The petitioner had filed Cr.MP(M) No. 568 of 2011 which was withdrawn on 5.8.2011 with liberty to file afresh. 3 6. It has been stated that petitioner is innocent. He has committed no offence. The petitioner has been falsely implicated in the case and he apprehends his arrest in the case on account of registration of the case. It has been stated that petitioner is ready to join the investigation and furnish bail bonds in accordance with the directions of this Court. Prayer has been made for releasing the petitioner on bail. 7. The bail application has been opposed by the learned Additional Advocate General on the basis of status report. It has been submitted that petitioner has committed serious offence and, therefore, prayer has been made for rejecting the bail application of the petitioner. It has been stated that custodial interrogation of the petitioner is necessary in order to find out the truth and to make recoveries. 8. I have heard the learned counsel for the parties and have also gone through the police file. It has been stated by the learned Additional Advocate General that in all there are nine accused, out of them, six have already been released on bail. In the FIR the part played by the accused has been stated. In the FIR there is no direct allegation that petitioner was present in ‘Dimple Cottage’ at the time of alleged occurrence. On the contrary, the allegations in the status report is that Rajbir, Kavita Chaudhary and servant Jaspal played the major role in bringing the accused but without reference that petitioner Rajbir actually entered in ‘Dimple Cottage’ at the time of alleged occurrence. It has been stated that Kavita Chaudhary and Jaspal have not been arrested nor they have been enlarged on bail by any Court. It appears there is some dispute between two brothers Harpreet Singh and Gurpreet Singh and their children. It has come on record that some 4 cases have been registered in the past regarding ‘Dimple Cottage’ property. The learned counsel for the petitioner has submitted that petitioner joined the investigation from 27.7.2011 to 3.8.2011 and then from 12.8.2011 to 23.8. 2011. This has not been denied by the other side. There is no allegation in the status report that the petitioner is not co-operating, though it has been stated that the petitioner is not coming out with the truth. It is for the investigating agency to trace out the truth. In these circumstances, the petitioner has made out a case for grant of bail under Section 438 Cr.P.C. 9. Accordingly, application is allowed. It is directed that in the event of arrest of the petitioner in FIR No. 78 of 2011 dated 8.7.2011 registered at Police Station East, Shimla, under Sections 386 and 120- B IPC, he be released on bail on his furnishing personal bond in the sum of ` 20,000/- with one surety of the like amount to the satisfaction of the Arresting Officer with the condition that the petitioner shall join the investigation as and when called by the Investigating Officer and shall not hamper the investigation and tamper with the prosecution evidence in any manner. 10. 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. Copy Dasti. August 24, 2011. ( Kuldip Singh), (GR) Judge.