IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No.405 of 2009 Date of decision: 4.6.2009 Mohinder Singh & Others ….. Petitioners. Vs. State of H.P. …. Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 No For the Petitioner : Mr. N.K. Thakur, Advocate For the Respondent : Mr. R.P. Singh, Assistant Advocate General. Kuldip Singh, Judge. This is an application under Section 438 Cr.P.C. for releasing the petitioners on bail in FIR No.24 of 2009 dated 19.5.2009 registered at Police Station, Chintpurni under Sections 353, 332, 224, 186, 189 IPC. The status report filed. Heard and perused the record. 2. The prosecution case in brief is that on 19.5.2009 at about 6.45 P.M. S.I./Addl. S.H.O. Mohinder Singh, Police Station, Gagret along with others including Virender Kumar and Ashwani Arora reached Kinu in connection with FIR No.64 of 2009 dated 19.5.2009 under Sections 420, 467, 468 IPC. A call was given to Whether the reporters of the local papers may be allowed to see the Judgment?Yes …2… petitioner Mohinder Singh from the gate of his house but he did not open the gate. He rather threw a challenge from the compound not to proceed ahead, he was holding a darat in his hand. Piru son and wife of petitioner No.1 were also with him. The son and wife were holding dandas in their hands. The police party entered inside by crossing the wall adjacent to the gate. The petitioners started challenging the police party. S.I. Mohinder Singh and other employees moved ahead but all of them were attacked by the petitioners. S.I. Mohinder Singh stopped the danda blow of Piru with hand. The uniform of Ashwani Kumar, Constable was torn by the son of petitioner No.1. The wife of petitioner No.1 gave teeth bite on the left hand finger of ASI Vikram Singh. The hand of HHG Sanjeev Kumar was also bitten by Piru. The petitioner No.1 Mohinder Singh unleashed a dog and threw darat on the police party but luckily no one was hurt. The police party was saved by Virender Kumar and Ashwani Kumar. In the fight Piru and wife of petitioner No.1 supported and helped petitioner No.1. Thus, all the petitioners obstructed the investigation of the case in FIR No.64 of 2009, Police Station, Gagret and deterred the police in performing official duty. 3. The learned counsel for the petitioners has submitted that the petitioners have been falsely implicated in the case. There is a civil dispute with respect to sale of the land and in order to pressurize the petitioner No.1 the police implicated the petitioners in a false case with the help of Virender Kumar and Ashwani Kumar. It has been submitted that the petitioners have joined the investigation …3… and they are ready to furnish bail bonds in accordance with the directions of this Court. 4. The learned Assistant Advocate General for the State has opposed the bail application and has submitted that the petitioners have committed serious offence and attacked the police party, therefore, petitioners are not entitled to bail. The learned Assistant Advocate General on the instructions received has submitted that the petitioners have joined the investigation and even two dandas and one drat have been recovered from them. In the status report, apprehension has been shown that in future the petitioners may attack anyone including law enforcing agency. 5. I have considered the rival contentions. The petitioners have joined the investigation and even some recoveries have been made. There is no allegation in the latest status report that the petitioners are not cooperating in the investigation. The apprehension of respondent that petitioners may attack again has not been elaborated. The apprehension is vague. In the facts and circumstances of the case, in my opinion, custodial interrogation of the petitioners is not necessary in the present case more particularly when no specific grounds for opposing the bail application have been taken in the status report. The petitioners have made out a case for grant of bail under Section 438 Cr.P.C., accordingly application is allowed and the petitioners in the event of arrest are ordered to be released on bail by Arresting Officer in FIR No. 24 of 2009 dated 19.5.2009 registered at Police Station, Chintpurni under Sections 353, 332, 224, 186, 189 IPC on their furnishing personal bonds in the …4… sum of Rs.20,000/- each with one surety each of the like amount to the satisfaction of the Arresting Officer. The petitioners shall continue to join the investigation as and when called by the Investigating Officer and shall not hamper the investigation and tamper with the prosecution evidence in any manner. The petitioner No.2 is a woman shall be interrogated strictly in accordance with law. Copy Dasti June 4, 2009. ( Kuldip Singh ) (sks) Judge.