IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P.(M) No.390 of 2008 Decided on: May 14, 2008. Thakur Dayali & Anr. …Petitioners. VERSUS State of Himachal Pradesh ….Respondent. Coram The Hon’ble Mr.Justice Kuldip Singh, Judge. Whether approved for reporting?1 No For the Petitioners: Mr Vinay Thakur, Advocate. For the respondent: Mr A.K.Bansal, Addl.A.G. Kuldip Singh, Judge (Oral) This is an application under Section 439 Cr.P.C. for releasing the petitioners on bail in F.I.R. No.74/2007 dated 18.10.2007 registered at Police Station, Bhaba Nagar, District Kinnaur under Sections 302, 34 I.P.C. The respondent has filed the status report. 2. Heard and perused the record. The prosecution case, in brief, is that on 18.10.2007 statement of Sujata Kumari was recorded under Section 154 Cr.P.C. wherein she has stated that on 17.10.2007 at about 2 P.M. she had gone to village temple along with her friend Praveshika. At about 4 P.M. she came to her home along with her friend for cooking food. She went out to throw the peelings of the potatoes and she heard noise from the house of Babu Ram which is adjacent to her house on the upper side. One person Karam Whether the reporters of the local papers may be allowed to see the judgment? Yes …2… Chand fell down from the stairs but that person in the process of fall balanced himself. Thereafter, Babu Ram and Karam Chand started quarrelling in front of the shed of Babu Ram and fell down. After the fall, Basanti wife of Babu Ram and mother of Sonikala whose name she does not know came there and gave beatings to Karam Chand with shoes and both of them took Babu Ram by lifting. Muna who was also watching all this came there and then Muna and Charan Lal took Karam Chand to hospital where Karam Chand died. 3. It has been submitted on behalf of the prosecution that it has come in the investigation that on 17.10.2007 deceased Karam Chand, Satya Parkash alias Muna, Ajeet Kumar went up to the verandah of accused Babu Ram. Karam Chand opened the door of the house of Babu Ram but closed the door immediately. This annoyed Babu Ram, his wife Basanti and Thakur Dayali who came out and gave beatings to Karam Chand. Basanti and Thakur Dayali gave shoe beatings to Karam Chand and then took him to their house. Satya Parkash alias Muna and Charan Lal who were crossing from that place took Karam Chand to hospital where doctor declared him dead. In the post mortem report of Karam Chand the doctor has given final opinion that the death of deceased Karam Chand occurred due to neurogenic shock as a result of injuries on scrotum, testicles, penis and other injuries already mentioned. 4. The learned counsel for the petitioners has submitted that except for levelling bald allegations of beatings against the petitioners there is no specific allegation against the petitioners as to what type of beatings and on which part of the body of deceased …3… Karam Chand they gave the beatings. He has submitted that the petitioners were arrested on 18.10.2007 and since then they are in custody. The challan has been presented in the Court and now the next date of hearing is fixed on 22.5.2008 and even charge has not been framed. The trial will take some time. Prima facie case under Section 302 read with Section 34 IPC has not been made out against the petitioners. The petitioners have small children and their continuous custody is likely to affect their small children. The petitioners are local residents and they are ready to furnish bail bonds. On the contrary, the learned Additional Advocate General has opposed the bail application and has submitted that the petitioners are involved in a serious offence punishable under Section 302 read with Section 34 IPC. In case the petitioners are released on bail they are likely to tamper with the prosecution witnesses. 5. The allegations against the petitioners are that they gave shoe beatings to the deceased. Praveshika in her statement has stated that Babu Ram and Karam Chand were quarrelling and in that process they fell down in the field. Thereafter, the petitioners came there and gave beatings to Karam Chand with shoes. No specific evidence has been pointed out that the petitioners gave beatings on the vital parts of the deceased. The shoes with which the petitioners gave alleged beatings to the deceased have not been recovered. The petitioners are women, therefore, keeping in view the facts and circumstances of the case and the alleged part attributed to the petitioners in the commission of offence, the application is allowed and the petitioners are ordered to be released on bail in F.I.R. …4… No.74/2007 dated 18.10.2007 registered at Police Station, Bhaba Nagar, District Kinnaur under Sections 302, 34 I.P.C., on their furnishing personal bonds in the sum of Rs.10,000/- each with one surety each in the like amount to the satisfaction of the learned Sessions Judge, Rampur Bushehar subject to the condition that petitioners shall not tamper with the prosecution evidence in any manner. 6. The observations made in the order shall not be construed as expression of opinion on the merits of the case. Copy dasti, on usual terms. May 14, 2008 ( Kuldip Singh ), J. (soni)