IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P.(M) No.34 of 2008 Decided on: February 25, 2008. Susheel Kumar & Anr. …Petitioners. VERSUS State of Himachal Pradesh ….Respondent. Coram The Hon’ble Mr.Justice Kuldip Singh, Judge. Whether approved for reporting?1No For the Petitioners: Mr Bhupender Ahuja, 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.68/2007 dated 13.8.2007, registered at Police Station, Recong Peo, District Kinnaur, under Sections 302, 34 I.P.C. 2. It has been submitted on behalf of the petitioners that the petitioners were arrested on 14.8.2007 and since then they are either in police or judicial custody. According to the learned counsel for the petitioners, they have been falsely implicated in the case and even as per the prosecution case no case is made out against the petitioners under Sections 302, 34 I.P.C. It has been submitted that without admitting or conceding any part of prosecution story, at the most, as per the allegations of the prosecution, case against the petitioners comes under Section 325 or Section 326 I.P.C. It has been submitted Whether the reporters of the local papers may be allowed to see the judgment? Yes …2… that earlier petitioners filed bail applications before the learned Sessions Judge, Rampur Bushehar which have been dismissed on 28.9.2007 and 7.12.2007. The petitioners do not have any criminal history and the petitioners will comply with the conditions of bail in case they are released on bail by this Court. 3. The bail application has been opposed by Shri A.K.Bansal, learned Additional Advocate General. He has submitted that as per prosecution case the involvement of petitioners in the case has been established under Sections 302, 34 I.P.C. The petitioners have filed earlier bail applications which have been rejected by the learned Sessions Judge, Rampur Bushehar, as noticed above. There is no change of circumstance. 4. Heard and gone through the record. Harbans Singh, owner and Manager of Sangam Bar and Restaurant, Recong Peo, has stated that on 12.8.2007 at about 6 – 7 in the evening Dalip Kumar alias Dipu came in his hotel and after placing some order to him he joined Vijay Negi and Anil Dhanta in the hotel room. In the meantime, Ajender Singh, Ravish Kumar, Susheel Kumar Fauji and Rocky came to his hotel. They had already taken the liquor. Padam Singh Negi was already sitting in the bar room. Ajender Singh ordered half bottle of 8 PM liquor, which he supplied to him. At about 8.30 P.M. Dalip Kumar alias Dipu came to the bar room, shortly thereafter Anil Dhanta came in the bar room and went to Ajender Singh for shaking hand. Dalip Kumar ailas Dipu went towards their table. Ajender Singh and Dalip Kumar had altercation and some quarrel. Ajender Singh, …3… Ravish Kumar, Susheel Kumar Fauji and Rocky started beating Dalip Kumar. He along with others intervened and turned all of them out of the bar room and switched off the light. Ravish Kumar took 8 PM bottle with him in which there was some liquor. On the road they again started beating Dalip Kumar with kicks and fist blows. Susheel Kumar gave beatings and Rocky was also shouting for giving beatings. Vijay Negi and others intervened. Anil Dhanta took away Dipu. On the basis of disclosure statement of Susheel Kumar and Rocky recovery of 8 PM bottle has also been made. Anil Kumar Dhanta has also made statement under Section 164 Cr.P.C. The bail applications of the applicants have earlier been dismissed. There is no change of circumstance. The petitioners have failed to make out any case for grant of bail at this stage. Accordingly, the application is dismissed. 5. The observations made in the order shall not be construed as expression of opinion on the merits of the case. February 25, 2008 ( Kuldip Singh ), J. (soni)