IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No. 7 of 2011. Date of decision: 14.1.2011. Daleep Singh …..Petitioner. Vs. State of H.P. …. Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 For the petitioner : Mr. Satpal Chauhan, Advocate. For the Respondent : Ms. Ruma Kaushik, Addl. Advocate General with Mr. Ankush Dass Sood, Addl. Advocate General. Kuldip Singh, J (Oral). This is an application under Section 439 Cr.P.C. for releasing the petitioner on bail in F.I.R. No. 35/09 dated 12.5.2009, registered at Police Station, Brow, Tehsil Nirmand, under Sections 302, 34, IPC. 2. The case of the petitioner is that petitioner was arrested on 14.5.2009 on suspicion. The petitioner was remanded upto 20.5.2009 by leaned Sub Divisional Judicial Magistrate, Rampur and thereafter the petitioner is in judicial custody. The other accused was Roshan Lal. 3. It has been stated that Roshan Lal has committed suicide on 16.5.2009 during investigation. The petitioner is innocent. The petitioner had earlier filed bail application which was dismissed Whether the reporters of the local papers may be allowed to see the Judgment? …2… by learned Sessions Judge, Kinnaur camp at Rampur on 22.12.2009. The prosecution has already examined eight witnesses and none has supported the case of the prosecution. The petitioner undertakes to abide by all the terms and conditions of the bail in case he is released on bail. The learned counsel for the petitioner has prayed for grant of bail to the petitioner. 4. The bail application has been opposed by learned Addl. Advocate General. It has been submitted that petitioner is involved in a serious case and the prosecution evidence is in progress. It has been denied that the prosecution witnesses have not supported the prosecution case. The evidence of the prosecution is in progress and therefore, it will not be proper to comment on the evidence recorded till now. The case is now fixed for prosecution evidence on 18/19.1.2011. In the facts and circumstances of the case the petitioner is not entitled to bail at this stage. Accordingly, application is dismissed. January 14, 2011 ( Kuldip Singh ), (sks) Judge.