1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P.(M) No. 886 of 2011. Date of decision: 09.11.2011. Ramesh Sooden. ......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 : Mr.G.R.Palsra, Advocate. For the Respondent : Ms. Ruma Kaushik, Additional Advocate General. Kuldip Singh , Judge( Oral). This is an application under Section 439 Cr.P.C. for releasing the petitioner on bail in FIR No.56/2011 dated 21.02.2011, registered at Police Station , Palampur, under Sections 341, 324, 307 read with Section 34 IPC. 2. It has been stated in the application that a false case has been registered against the petitioner along with co-accused under Sections 341, 324, 307 read with Section 34 IPC at the instance of Ranvir Singh complainant. The petitioner was arrested on 13.03.2011 and since then he is in custody. 3. It has been alleged that accused Sunny Thakur has inflicted injuries upon complainant Ranvir Singh with 'Khukhari' and he also took away ` 30,000/- forcibly from the complainant. The Section 392 IPC was , however, lateron dropped. 4. The petitioner has earlier filed bail application which was dismissed by learned Additional Sessions Judge, Kangra, on 08.07.2011, 1 Whether reporters of Local Papers may be allowed to see the Judgment ? Yes 2 another bail application filed by the petitioner was dismissed by learned Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala on 18.10.2011. 5. A cross case has been registered against the complainant party being FIR No. 58 of 2011 dated 22.02.2011 under Sections 452, 324, 347, 149, 427, 506 IPC at Police Station, Palampur. The Courts below have wrongly dismissed the bail applications of the petitioner. 6. The petitioner is innocent, he has been falsely implicated in the case. The complainant is not at all known to the petitioner. As per prosecution story, Sunny Thakur inflicted sharp injuries on the person of complainant as per statement under Section 154 Cr.P.C. of the complainant. Later on, during investigation case has been manipulated to the effect that Sunny Thakur had taken the knife from the petitioner and inflicted injuries on the person of complainant. 7. The petitioner is a student of 2nd Semester B.Sc.of B.C.M.T. Palampur Study Centre. He could not appear in 2nd Semester papers on account of his illegal detention. The challan has been filed in the Court on 06.06.2011. The continuous detention of the petitioner is not necessary. The petitioner is ready to furnish bail bonds in accordance with the directions of the Court. The prayer has been made for releasing the petitioner on bail. 8. The bail application has been opposed by filing status report. It has been stated that case has been registered on the statement under Section 154 Cr.P.C. of Ranvir Singh. It has been alleged that all the three accused stopped the complainant from proceeding further, Sunny Thakur attacked him with 'khukhari' and his two companions 3 gave him beatings with fist blows, Sunny Thakur also took out `30,000/- from the pocket of the complainant. The complainant sustained injuries on his person. It has also been stated that there are in all three accused namely Sunny Thakur, petitioner, Vishal alias Thapa. Sunny Thakur was arrested on 10.03.2011. The petitioner was arrested on 13.03.2011. The challan has been submitted in the Court on 06.06.2011 and now the next date of hearing in the case in the Court below is fixed on 17 to 21.11.2011. The prayer has been made for rejection of the bail application. 9. It has been submitted by learned Additional Advocate General that Sunny Thakur and petitioner are in custody, whereas, third accused Vishal alias Thapa being juvenile has been released on bail. The allegation of inflicting injuries with sharp edged weapon has been attributed to Sunny Thakur. The Investigating Agency has also dropped Section 392 IPC. The allegations against the petitioner are different from the allegations levelled against Sunny Thakur. The part played by petitioner cannot be equated with the part attributed to Sunny Thakur as per prosecution version. The petitioner is in custody since 13.03.2011. He is a student. Thus, keeping in view the entire facts and circumstances of the case, petitioner has made out a case for grant of bail. 10. Thus, application is allowed and the petitioner is ordered to be released on bail in FIR No.56/2011 dated 21.02.2011, registered at Police Station , Palampur, under Sections 341, 324, 307 read with Section 34 IPC on his furnishing personal bond in the sum of ` 25,000/- with one surety of the like amount to the satisfaction of the trial Court with the conditions that the petitioner shall not tamper with the 4 prosecution evidence or overawe the prosecution witnesses in any manner. 11. 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 9, 2011. (Krt)