IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P(M) No. 894 of 2011. Date of decision: 8.11.2011. Narinder Thakur ….. Petitioner. Vs. State of H.P. …. Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 For the petitioner : Mr. Vikrant Thakur, Advocate. For the Respondent : Ms. Ruma Kaushik, Addl. Advocate General. Kuldip Singh, Judge (oral). This is an application under Section 438 Cr.P.C., for releasing the petitioner on bail in FIR No. 190/2011 dated 4.9.2011, registered at Police Station, Sadar Shimla, under sections 147, 148, 149, 307, 506 IPC. 2. It has been stated in the application that case has been registered on the complaint of Rajinder Thakur, who claimed himself to be the president of taxi union, Main Bus Stand, Shimla. It has been alleged that on 4.9.2011 at about 4.00 p.m., five-six vehicles packed with many persons came from Tutikandi side and they were Whether the reporters of the local papers may be allowed to see the Judgment? …2… armed with `dandas’ and weapons. They attacked the complainant and other taxi drivers as a result of which they sustained injuries. 3. It has been stated that nothing happened as alleged by the complainant party. On the contrary the complainant party were large in number and quarreled with the persons of taxi union, Bus Stand, Shimla, over the issue of taxi union in the newly shifted bus stand, Shimla. The petitioner has nothing to do with either of the taxi unions. He has been falsely implicated in the case. 4. On account of registration of the case, the petitioner apprehends his arrest in the aforesaid FIR. The petitioner is innocent, he has committed no offence. The petitioner is ready to join the investigation and furnish bail bonds in accordance with the directions of this court. The prayer has been made for admitting the petitioner on bail. 5. The status report has been filed. It has been stated that case has been registered on the statement of Rajinder Thakur recorded, under section 154 Cr.P.C. Complainant Rajinder Thakur alleged that five-six vehicles came from Tutikandi side packed with persons, who made a murderous assault on the taxi drivers. The attackers were having pistols, swords and `dandas’. In the assault, Mohinder Singh, Tej Singh and Babu Ram sustained serious injuries. Mohinder Singh was thrown on the railway line. The assailants were Dinesh Gujjar, Kohli, Nindu, Kaku, Boxer, Sonu alias Vikram Singh, Montu was holding pistol, and Negi etc. After attack, the assailants fled in vehicle Nos. HP-62-0959 and HP-45-9091 towards victory tunnel side. On this, case was registered. …3… 6. It has been stated in the status report and pistol of Rakesh Negi alongwith licence has been recovered, `danda’ from Vikram Singh has been recovered, Rakesh Negi was arrested on 4.9.2011, Vikram Singh was arrested on 5.9.2011. Rakesh Negi and Dinesh Gujjar have been released on bail, so also Amit Kohli. Bharat Bhushan, Vicky Sidhu alias Boxer and Vikram Singh are in custody. The petitioner alongwith the co-accused threw Mohinder Singh from the roof of the parking floor on railway track, who sustained several injuries on his person. The petitioner is involved in excise case in FIR No. 206 dated 9.12.2003, registered at Police Station, Boileauganj. The prayer has been made for rejection of bail application. 7. I have heard both the sides and perused the case file. In the status report, it has been stated that petitioner alongwith other co- accused threw Mohinder Singh from the roof of parking floor on railway track. There is no other specific allegation against the petitioner. The learned counsel for the petitioner has stated that petitioner has been acquitted in the excise case registered at Police Station, Boileauganj. It has not been stated in the status report that petitioner is not cooperating in the investigation. Some of the accused have already been released on bail. The allegations against the petitioner are distinct from the allegations attributed to the accused, who have not been released on bail. The petitioner, in the facts and circumstances of the case, has made out a case in his favour for grant of bail, under section 438 Cr.P.C. 8. Thus, keeping in view the entire facts and circumstances of the case, the petition is allowed and petitioner is ordered to be …4… released on bail in FIR No. 190/2011 dated 4.9.2011, registered at Police Station, Sadar Shimla, under sections 147, 148, 149, 307, 506 IPC, on his furnishing personal bond in the sum of `25,000/- with one surety of the like amount to the satisfaction of arresting officer with the conditions that petitioner shall not tamper the prosecution evidence or overawe any prosecution witness in any manner. 9. Any observation made hereinabove shall not be construed as an expression of opinion over the merits of the case. Copy dasti. November 8, 2011. ( Kuldip Singh ), (Hem) Judge.