IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.M.P.(M) No. 991 of 2009 Date of decision : 17.11.2009 ____________________________________________________________ Bhuteshwar …Petitioner. Versus State of Himachal Pradesh …Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting ? No For the Petitioner : Mr. Ashwani Pathak, Advocate. For the Respondent : Mr. Anshul Bansal, Addl. A.G. with Mr. R.P. Singh, Asstt. AG. Kuldip Singh, Judge (Oral) This is an application under Section 438 Cr.P.C. for releasing the petitioner on bail in FIR No. 166/09 dated 6.11.2009 registered at Police Station, Karsog, District Mandi, H.P. under Sections 307, 341, 323, 34 I.P.C. The status report has been filed. 2. Heard and perused the record. The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the case. He is innocent. He has committed no offence and on the basis of allegations imputed to the petitioner no case is made out against him. The petitioner is ready to join the investigation and furnish bail bonds in accordance with the directions of this Court. ¹ Whether reporters of Local Papers may be allowed to see the Judgment ?Yes 2 3. The learned Addl. Advocate General has opposed the bail application and has submitted that the case was registered on the basis of statement of Beshar Dutt recorded on 4.11.2009 under Section 154 Cr.P.C. The prosecution case is that on 4.11.2009 Tula Ram and others were taking meals in marriage. Some of the guests had demanded some dish. On this, Uttam Chand and petitioner reacted angrily. Uttam Chand came towards the complainant and gave 2/3 slaps to Tula Ram who was sitting adjacent to the complainant. The petitioner brought big fuel wood piece and gave 2/3 blows on the head of Tula Ram, who became unconscious and fled away from the scene. Tula Ram was taken to CH, Sunni, he was referred to IGMC where he was operated. On this, the case was registered. It is the case of the prosecution that petitioner gave fuel wood blows on the head of Tula Ram and he knew that the blows could prove fatal. It has been submitted that recovery is to be made. On these grounds the bail application has been opposed. 4. I have heard learned counsel for the parties. According to prosecution petitioner gave fuel wood blows on the head of Tula Ram when he along with other persons were taking meals in marriage and they demanded some dish. The petitioner was granted interim bail on 10.11.2009 and he joined the investigation. As per the status report the petitioner has denied the allegations but the Investigating Agency is insisting recovery of fuel wood from the petitioner which was allegedly used for giving blows on the head of the injured, such recovery can be made even if, the petitioner is on bail. In the facts and circumstances of the case, the petitioner has made out a case for 3 grant of bail under Section 438 Cr.P.C. Accordingly, application is allowed. The petitioner in the event of arrest is ordered to be released on bail in FIR No. 166/09 dated 6.11.2009 registered at Police Station, Karsog, District Mandi, H.P. under Sections 307, 341, 323, 34 I.P.C. on his furnishing personal bond in the sum of Rs.20,000/- with one surety of the like amount to the satisfaction of the Arresting Officer with the conditions that petitioner shall continue to 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. 5. The observations made in this order are for disposal of this application only and the same shall not be construed as expression of opinion on the merits of the case. Copy Dasti on usual terms November 17, 2009. (Kuldip Singh), (sks) Judge