IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No. 937 of 2011 Date of decision: 24.11.2011 Mahinder Kumar …. Petitioner Vs. State of H.P. ….. Respondent Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1No For the Petitioner : Mr. Satyen Vaidya and Mr. Ajay Kochhar, Advocates. For the Respondent : Ms. Ruma Kaushik, Additional Advocate General 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. 328 of 2011 dated 25.10.2011 registered at Police Station, Rohru, under Sections 302, 201 IPC. 2. It has been stated in the application that the petitioner has been falsely implicated in the case. The petitioner is not at all involved in the offence. It appears from the case projected by the investigating agency that even as per the investigating agency the petitioner has committed offence punishable under Section 201 IPC. Though, the petitioner does not admit even this stand also of the investigating agency. 3. The petitioner is innocent, he has committed no offence. There is no legal evidence to connect the petitioner with the commission Whether the reporters of the local papers may be allowed to see the Judgment?yes 2 of offence. The petitioner is ready to furnish bail bonds. The further detention of the petitioner is not necessary in the case. It has been stated that the petitioner earlier filed bail application which has been rejected by the learned Sessions Judge, Shimla on 11.11.2011. A prayer has been made for releasing the petitioner on bail. 4. The status report has been filed and bail has been opposed. It has been stated that the case has been registered on the statement under Section 154 Cr.P.C. of Parmeshwar Dass, son of deceased Balak Ram. He has stated that some unknown person after giving beatings to his father killed him and had thrown his dead body near Pouri Tal Nallah. 5. It has been stated in the status report that Shyam Singh came in the dining hall of the Rest House with liquor, deceased Balak Ram was sitting there and he had already taken liquor. Mahinder Singh, Chowkidar told Shyam Singh that Balak Ram had been visiting Rest House daily after taking liquor. Shyam Singh asked deceased Balak Ram to go out of the Rest House. On this, deceased Balak Ram uttered filthy abuses to Shyam Singh, who slapped him and threw him on the floor and gave him kick and fist blows. Balak Ram became unconscious in the dining hall and blood started oozing out from his ear and fell on the floor. 6. It has also been stated that Shyam Singh with the help of Mahinder Singh lifted deceased Balak Ram from the dining hall and put him in Santro Car No. HP-10-6500 and placed his body near Pouri Tal Nallah towards hill side by putting sweater and coat on his body. Both of them thereafter returned and cleaned the blood stains in the Rest 3 House. The accused Mahinder Singh and Shyam Singh were arrested on 26.10.2011. It has been stated in the status report that a case under Section 201 IPC has been established against the petitioner. 7. I have heard the learned counsel for the parties and have also gone through the record. It has been stated by the learned Additional Advocate General that deceased was unconscious in the Rest House. He was lifted by both the accused and his body was thrown into Nallah. The post-mortem report of the deceased revealed damage to both lungs and fracture of ribs both of left and right sides. It has been submitted that the injuries found on the body of deceased were ante-mortem and, therefore, it cannot be said that the petitioner has committed only offence punishable under Section 201 IPC. He is equally responsible for commission of offence under Section 302 IPC. 8. In the status report it has been clearly stated that offence punishable under Section 201 IPC is made out against the petitioner. It has also been stated that the other accused gave kick and fist blows to deceased. Therefore, possibility cannot be ruled out that deceased suffered injuries of damage to lungs and ribs due to kick and fist blows of the other accused. In the status report, it has not been stated that deceased was thrown into the Nallah, rather it has been stated that they lifted the deceased from the Rest House, his body was carried near Pouri Tal Nallah and was placed there towards hill side. A sweater and coat was placed on the body of the deceased. Thus, looking into the facts and circumstances of the case, the petitioner has made out a case for grant of bail. 4 9. In view of the above, the petition is allowed. The petitioner is ordered to be released on bail in FIR No. 328 of 2011 dated 25.10.2011 registered at Police Station, Rohru, under Sections 302, 201 IPC, on his furnishing personal bond in the sum of ` 40,000/- with one surety of the like amount to the satisfaction of any Judicial Magistrate at Rohru with the condition that the petitioner shall not hamper the investigation and tamper with the prosecution evidence or overawe and influence any prosecution witness in any manner. 10. The observations made in this judgment are for disposal of bail petition only and the same shall not be construed as an expression of opinion on the merits of the case. Copy Dasti. November 24, 2011. ( Kuldip Singh), (GR) Judge.