1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.M.P.(M) No. 877 of 2011. Date of decision: 08.11.2011. Lal Hussain & anr. ......Petitioners. Versus State of H.P. ......Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting ?1 No For the Petitioners : Mr. Abhishek Dogra, Advocate vice Mr. Naresh Kaul, Advocate. For the Respondent : Ms. Ruma Kaushik, Additional Advocate General. Kuldip Singh ,Judge( Oral). This is an application under Section 438 Cr.P.C. for releasing the petitioners on bail in FIR No.231/2011 dated 18.09.2011, registered at Police Station ,Sadar,Chamba, under Sections 364,452, 325, 323, 147, 148, 149 IPC. The status report filed and the same has been perused. 2. It has been stated that FIR No. 231 of 2011 dated 18.09.2011 at Police Station, Chamba, has been registered at the instance of Rehmat Ali against whom FIR No. 16 dated 12.02.2011 at the instance of Roshan Deen has already been registered under Sections 363, 366 IPC at Police Station,Sadar, Hoshiarpur. In FIR No. 16 dated 12.02.2011 Rehmat Ali and some others have been declared as proclaimed offenders and their warrants of arrest have already been issued, but they have not been arrested by the police. 1 Whether reporters of Local Papers may be allowed to see the Judgment ?Yes 2 3. It is learnt that Roshan Deen used to talk to Rehmat Ali on telephone and Rehmat Ali called Roshan Deen for compromise and asked him to withdraw FIR No. 16 dated 12.02.2011, but matter was not resolved. The accused of FIR No. 16 dated 12.02.2011 using their connections got recorded false FIR against Roshan Deen at Police Station, Chamba and the petitioners have been wrongly dragged in the case. In view of registration of FIR No. 16 dated 02.12.2011, FIR No. 231 dated 18.09.2011 has been registered. The petitioners are innocent. They have committed no offence. They are ready to join the investigation and furnish bail bonds in accordance with the directions of the Court. The petitioners have prayed bail in FIR No. 231 dated 18.09.2011. 4. The bail application has been opposed on the basis of status report. It has been stated that case has been registered on 18.09.2011 on the statement under Section 154 Cr.P.C. of Rehmat Ali. He has stated that his son Hussain Ali 8-9 months ago performed marriage with Sakina Begum, daughter of Roshan Deen, at Hoshiarpur and since then Hussain Ali had been residing in Kullu/Manali with his wife Sakina. Punjab police in search of Sakina visited his house but could not trace her. Roshan Deen father of Sakina along with his companions had already attacked the house of complainant thrice. On 15.09.2011 Hussain Ali visited his house with Sakina. On account of his busy schedule, the complainant could not inform the police. On 17.09.2011, the complainant was sleeping in separate room along with his wife and children. In another room, his daughter, Hussain Ali and Sakina were sleeping. In the verandah, his sons-in-law Faqar Deen and Gulab Deen 3 were sleeping. At about 2.00 a.m.at night, he heard cries of Hussain Ali, others also woke up and saw that Roshan Deen father of Sakina, Gulam Navi, Lal Hussain and five others were beating Hussain Ali with 'dandas'. The complainant and his wife intervened, they were also given beatings with the 'dandas'. They kidnapped his son Hussain ali with the intention to kill him. The complainant and his wife sustained injuries. The complainant searched his son, but in vain. On this, case was registered. 5. On 18.09.2011 Roshan Deen was arrested and 'dandas' were recovered from him. Roshan Deen was released on bail on 11.10.2011. The complainant and his wife were got medically examined. Hussain Ali was also produced before the police in an injured condition on 26.09.2011, he was also got medically examined. The other accused have gone underground. On 02.11.2011, the petitioners joined the investigation, the 'dandas' used by them for committing offence are to be recovered and the names of other accused are to be ascertained from the petitioners. The prayer has been made for rejection of the bail application. 6. I have heard both the sides and perused the record. It has been submitted on behalf of respondent that petitioners are not disclosing the names of other accused, who committed offence along with petitioners nor they are co-operating in the investigation as they have not produced the 'dandas' used by them in the commission of offence. It appears from the prosecution story that Roshan Deen is the main accused, who was arrested on 18.09.2011 and 'dandas' allegedly used during the commission of offence were recovered from him. 4 Roshan Deen has already been released on bail on 11.10.2011. He was the best person to disclose the names of other alleged accused. In the status report, the Investigating Agency has not stated that petitioners are threatening the witnesses. Hussain Ali injured has already returned. The remaining investigation can be continued by the Investigating Agency even when the petitioners will be on bail. In the facts and circumstances of the case, the petitioners have made out a case for grant of bail under Section 438 Cr.P.C. 7. Thus, application is allowed and in the event of arrest of petitioners in FIR No.231/2011 dated 18.09.2011, registered at Police Station ,Sadar,Chamba, under Sections 364,452, 325, 323, 147, 148, 149 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 conditions that petitioners shall continue to join the investigation as and when directed by the Investigating Officer and shall not hamper the investigation and tamper with the prosecution evidence in any manner or overawe the prosecution witnesses. 8. The observations made in the judgment are for the disposal of the bail application and shall not be construed as an expression of opinion on the merits of the case. Copy 'dasti'. ( Kuldip Singh ), Judge. November 8, 2011. (Krt)