1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P.(M) Nos. 964, 965, 966 and 967 of 2011 Date of decision: 30.11.2011. 1. Cr.M.P.(M) No. 964 of 2011. Sushil Kumar Sharma ......Petitioner Versus State of H.P. ......Respondent 2. Cr.M.P.(M) No. 965 of 2011. Mohinder Singh ......Petitioner Versus State of H.P. ......Respondent 3. Cr.M.P.(M) No. 966 of 2011. Sandeep Singh ......Petitioner Versus State of H.P. ......Respondent 4. Cr.M.P.(M) No. 967 of 2011. Devinder Singh ......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(s): Mr. D.N.Sharma, Advocate. For the Respondent(s): Ms. Ruma Kaushik, Addl. A.G. with Mr. J.S.Rana,Asstt. A.G. Kuldip Singh , Judge( Oral) This judgment shall dispose of Cr.M.P.(M) No. 964 of 2011,Cr.M.P.(M) No. 965 of 2011,Cr.M.P. 1 Whether reporters of Local Papers may be allowed to see the Judgment ? Yes 2 (M) No. 966 of 2011 and Cr.M.P.(M) No. 967 of 2011, all filed under Section 438 Cr.P.C. in case FIR No. 236/2011, dated 17.11.2011, registered at Police Station Theog, District Shimla,under Sections 323, 325, 341, 506 read with Section 34 IPC. 2. It has been stated in the petitions that the petitioners have been falsely implicated in the case. The petitioners are innocent. On account of registration of the aforesaid case, all the petitioners are apprehending their arrest. The petitioners are ready to join investigation, no recovery is to be made from the petitioners. The petitioners are ready to furnish the bail bonds in accordance with the directions of this Court. The case has been registered in order to harass the petitioners. The prayer has been made for releasing the petitioners on bail under Section 438 Cr.P.C. 3. The status report has been filed in Cr.M.P. (M)No.964 of 2011 and the petitions have been opposed. The case has been registered on the statement under Section 154 Cr.P.C. of Pritam Chand. The complainant has stated that he had been working with Sunil Kumar, driver of Pick-up H.P.-63A-3303 for the last one year. On 17.11.2011, the complainant proceeded from Dhali to Theog in the Pick-up. They stopped at new Bhakelati for repairing tyre, where Alto Car No. 3790 was already parked. It 3 has been stated that four boys came out of the Car and caught Sunil Kumar on the allegations that he had given beatings to Bhajna at Cheog. All the four boys gave beatings to Sunil Kumar with kick and fist blows, the complainant was also slapped by one boy, when he objected. All the four boys ran away in the same Alto Car towards Fagu. Sunil Kumar sustained injury on his nose. 4. The injured was taken to the hospital, where the doctor stated that the injured was not in a position to make the statement and, therefore, statement of Pritam Chand was recorded under Section 154 Cr.P.C.. The injured was referred to IGMC Shimla for treatment. The accused after the occurrence absconded. They joined the investigation on 25.11.2011. The vehicle used during the commission of the offence has been taken into possession. 5. The final opinion of the doctor regarding the injuries sustained by the injured has not yet been received. The injured has been discharged from IGMC Shimla, on 28.11.2011. The accused are quarrelsome persons and in case they are released on bail, they can terrorize the prosecution witnesses. The submission has been made for rejection of the bail petitions. 6. I have heard learned counsel for the petitioners and learned Additional Advocate General and have also gone through the records. 4 7. The learned Additional Advocate General has stated that no recovery is to be made from the petitioners. The learned counsel for the petitioners has submitted that the petitioners have been falsely implicated in the case. It has been submitted that Sushil Kumar Sharma and Devinder Singh petitioners are serving in the Army. The complainant has stated in his statement under Section 154 Cr.P.C. that the beatings were given to Sunil Kumar with kick and fist blows. 8. The investigating agency has stated that as yet the doctor has not given the final opinion regarding the injuries sustained by Sunil Kumar. The apprehension of the investigating agency that the petitioners will terrorize the prosecution witnesses has not been corroborated from the evidence so far collected on record. In case, the petitioners will terrorize the prosecution witnesses, then the investigating agency shall have right to proceed in accordance with law. In the facts and circumstances, the petitioners have made out a case for grant of bail under Section 438 Cr.P.C. 9. In view of above discussion, all the petitions are allowed, the petitioners in Cr.M.P.(M) No. 964 of 2011, Cr.M.P.(M) No. 965 of 2011, Cr.M.P. (M) No. 966 of 2011 and Cr.M.P.(M) No. 967 of 2011 in the event of arrest are directed to be released on bail in FIR No. 236/2011, dated 17.11.2011, 5 registered at Police Station Theog, District Shimla,under Sections 323, 325, 341, 506 read with Section 34 IPC, on their furnishing personal bonds in the sum of `20,000/- each with one surety each of the like amount to the satisfaction of the Arresting Officer with the conditions that the petitioners shall continue to join the investigation as and when directed by the Investigating Officer and shall not hamper the investigation and tamper with the prosecution evidence in any manner. 10. The observations made in the judgment are for the disposal of the bail petitions and shall not be construed as expression of opinion on the merits of the case. Copy 'dasti'. (Kuldip Singh), Judge. November 30, 2011. (pankaj)