1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P.(M) No. 994 of 2011 Date of decision: 9.12.2011. Surjit Singh, son of Shri Amin Chand, Resident of Village Salawag, Post Office Gunehar, Tehsil Baijnath, District Kangra, H.P. ......Petitioner Versus State of Himachal Pradesh ......Respondent Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting ?1 No For the Petitioner : Mr. Javed Khan, Advocate. For the Respondent(s): Ms. Ruma Kaushik, Addl. A.G. with Mr. J.S.Rana,Asstt. A.G. Kuldip Singh , Judge( Oral). This is an application under Section 439 Cr.P.C. for releasing the petitioner on bail in FIR No. 48/11, dated 9.5.2011, registered at Police Station Baijnath, District Kangra, under Sections 302, 120-B read with Section 34 IPC. 2. It has been stated that the petitioner has been falsely implicated in the case. On 8.5.2011, the deceased Uttam Chand and others were working near their home for construction of a new house. At about 3.00 p.m., some persons came there, they took the deceased on bike and scuffle took place with the 1 Whether reporters of Local Papers may be allowed to see the Judgment ? Yes 2 deceased for unknown reasons. The petitioner is a teacher, he went on the spot where the deceased was being beaten. He tried to save the deceased from the clutches of other persons. In the meantime, other persons also came on the spot and the main accused fled away from the spot. On suspicion, the petitioner has been implicated in the case and arrested along with other accused. 3. The bail application filed by the petitioner has been dismissed by the learned Additional Sessions Judge-I, Kangra at Dharamshala on 2.11.2011. It has been stated that the petitioner is innocent, he has committed no offence. The investigation in the case is complete. The challan has also been submitted. The petitioner is ready to furnish the bail bonds in accordance with the directions of this Court. The prayer has been made for releasing the petitioner on bail. 4. The status report has been filed, the bail application of the petitioner has been opposed. 5. I have heard learned counsel for the petitioner and learned Additional Advocate General and have also gone through the police file. 6. It has been stated in the status report that the case has been registered on the statement under Section 154 Cr.P.C. of Pritam Chand, brother of the deceased Uttam Chand. He has stated that on 8.5.2011 he, his brother-in-law, Bahadur Ram, 3 younger brother Uttam Chand and two masons were working on the construction of a house, at about 3.00 p.m., Lohku and Milkhi Ram came on motorcycle, they had consumed liquor and started talking with Uttam Chand. They took Uttam Chand along with them on motorcycle and proceeded from Uparla Panjala to Sansal. 7. Later on, he came to know that somebody had given severe beatings to Uttam Chand near Hanuman Temple and Uttam Chand had been taken towards Baijnath Hospital. It has been stated that when they reached near rain-shelter Mandhed, Subhash Chand and Sargi Devi brought the dead body of Uttam Chand. They kept the dead body of Uttam Chand in the rain shelter, blood was oozing out from the nose of the deceased and there was head injury also. The accused Milkhi Ram, Lohku, Gulab Singh and Surjit Singh were arrested on 11.5.2011. Later on Kartar Chand, Bhag Chand, Monu alias Manish were also arrested. 8. The motorcycle used in the commission of the offence was recovered, so also a pair of shoes, mobile with SIM. The doctor has given opinion that the death is due to coma by head injury and RFSL report shows that no alcohol/poison is detected in viscera. It has been stated that it has come in the investigation all the seven accused including Surjit Singh gave beatings to the deceased at Sansal, near KCC Bank, as a result of which Uttam Chand died. The 4 challan has been submitted on 9.8.2011. The learned Additional Advocate General has stated that now the case is fixed on 12.12.2011 before the learned Additional Sessions Judge-I, Kangra at Dharamshala. 9. It has been stated by the learned Additional Advocate General that all the seven accused are in custody. Gulab Singh and Surjit Singh are brothers. Milkhi Ram is also related to Surjit Singh. Surjit Singh along with other accused had given beatings to Uttam Chand at Sansal with kick and fist blows. The allegations against the petitioner are serious. The case is fixed for consideration of charge on 12.12.2011. Thus, keeping in view the allegations that the petitioner has given beatings to the deceased Uttam Chand with kick and fist blows, the petitioner is not entitled to bail at this stage. The application is dismissed. 10. The observations made in the judgment are for the disposal of the bail application and shall not be construed as expression of opinion on the merits of the case. (Kuldip Singh), Judge. December 9, 2011. (pankaj)