IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No. 623 of 2008 Date of decision: June 30, 2008. Dalip …..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. K.S.Thaur, Advocate. For the Respondent : Mr. A. K.Bansal, Addl. A. G. Kuldip Singh, Judge (Oral). This is an application, under Section 438 Cr.P.C. for releasing the petitioner on bail in FIR No. 333 of 2008 dated 6.6.2008, registered at Police Station, Bhuntar, District Kullu, under Sections 341, 323, 307, 506 and 34 IPC. The respondent has filed the status report. 2. Heard and perused the record. 3. On the basis of statement under Section 154 Cr.P.C. of Sudarshan Verma complainant , FIR was registered at Police Station, Bhuntar. The complainant in his statement under Section 154 Cr.P.C. has stated that on 5.6.2008, he and his friend Shidharth alias Romi had gone from Bhuntar to village Pipla Agay to attend a fair. At about 9.00 p.m. they were returning to their homes from Pipla Agay. At about 10.30 p.m. at place Parla Bhuntar hand-pump, they were Whether the reporters of the local papers may be allowed to see the Judgment? …2… stopped by three boys. They started beating his friend Shidharth with fist and kick blows. He intervened and requested them not to behave in that manner. One boy inflicted blow in the stomach of Shidharth with knife type weapon and after injuring Shidharth, they ran away from the place of occurrence and threatened that at appropriate time they would kill him. At that time all shops were closed. He called Bharat, a brother of Shidharth on telephone, Shidharth was taken to Kullu Valley Hospital for treatment. The complainant told that the name of one boy is Pankaj while the remaining two boys are of Mohal side and he does not know their names but can recognize them by face. The injured Shidharth Ghai was medically examined. Pankaj Kumar and Ajay Kumar were arrested. They were found juvenile in inflict with law and were handed over to their parents. The Juvenile Justice Board, Una has released them on bail. The injured Shidharth Ghai has disclosed the names of all the three accused persons. Dalip Kumar alias Dipu petitioner-accused absconded from the house after the incident. He could not be arrested. He filed the bail petition in this court and was granted interim bail. The petitioner joined the investigation on 26.6.2008 and produced on 27.6.2008 one knife during investigation. In the status report, it has been stated that petitioner-accused is a clever person and he always keeps knife etc. with him. The incident has created terror in the area. The petitioner-accused is in a position to influence the witnesses and can even jump the bail and destroy the evidence. On these grounds the bail application has been opposed. …3… 4. The learned counsel for the petitioner has stated that petitioner has been falsely implicated in the case. The other two accused have been released on bail by the court below. The petitioner was not named in the FIR earlier, but later on he has been dragged in the case on the ground that accused Pankaj is a friend of the petitioner. The complainant has old enmity with Pankaj. The petitioner belongs to a good family and there is no likelihood that he will jump the bail. The petitioner will abide by the directions of this court in case he is released on bail. No recovery is to be made from the petitioner. 5. I have considered the rival contentions. The FIR was registered on the basis of statement under Section 154 Cr.P.C. of Sudershan Verma. The complainant has specifically stated that three persons have committed the offence. One boy inflicted knife blow in the stomach of injured Shidharth. Later on injured Shidharth named the accused during investigation. In his statement, he has specifically stated that petitioner-accused Dalip alias Dipu inflicted knife blow on the left side of his stomach. The injured Shidharth was examined on 5.6.2008 by the doctor. In the M.L.C., the doctor has recorded clean cut incised wound over left side of chest cage over lower intercostal space on lateral aspect measuring 4 cm. x 2 cm. Left side chest pleura also incised and left lung collapsed with severe active bleeding from the wound. Intercostal muscle under skin also clearly cut. The doctor gave the opinion that injury No.1 was grievous in nature and dangerous to life. As per prosecution case, the accused- petitioner and his two friends way laid the injured and his friend …4… complainant. The injured was given beatings, who has specifically named the present petitioner for causing injury to him with knife. The doctor has examined the injured and gave his opinion. The part played by the petitioner-accused in the commission of offence as per prosecution case is more serious and clearly distinguishable from the part played by the other two accused. Therefore, the petitioner cannot take the benefit of grant of bail to the other accused. The seriousness of the injury has been recorded by the doctor by observing that left lung collapsed with severe active bleeding from the wound. He has stated that injury No. 1 was grievous in nature and dangerous to life. 6. It has been submitted by the learned Additional Advocate General that incident has created terror in the area. The petitioner has also produced the knife during investigation. In these circumstances, at this stage the petitioner is not entitled to bail, under Section 438 Cr.P.C. Let the Investigating Agency probe into the matter completely. The petitioner has failed to make out a case for grant of bail under Section 438 Cr.P.C. Accordingly, the petition is dismissed. 7. The observations made in the order shall not be construed as expression of opinion on the merits of the case. June 30, 2008. ( Kuldip Singh ) (Hem) Judge.