Whether reporters of local papers may be allowed to see the judgment? Yes. IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.M.P.(M) No.1003 of 2008. Cr.M.P.(M) No.1004 of 2008. Cr.M.P.(M) No.1005 of 2008. Cr.M.P.(M) No.1006 of 2008. Cr.M.P.(M) No.1007 of 2008. Cr.M.P.(M) No.1008 of 2008. Dated of Decision: October 20, 2008. 1. Cr.M.P.(M) No.1003/2008. Vinod Kumar. …..… Petitioner. Versus State of H.P. ……. Respondent. 2. Cr.M.P.(M) No.1004/2008. Samarjeet Singh. …..… Petitioner. Versus State of H.P. ……. Respondent. 3. Cr.M.P.(M) No.1005/2008. Bhim Singh. …..… Petitioner. Versus State of H.P. ……. Respondent. 4. Cr.M.P.(M) No.1006/2008. Chaman Lal. …..… Petitioner. Versus State of H.P. ……. Respondent. 5. Cr.M.P.(M) No.1007/2008. Roshan Lal. …..… Petitioner. Versus State of H.P. ……. Respondent. 6. Cr.M.P.(M) No.1008/2008. Naresh Kumar. …..… Petitioner. Versus State of H.P. ……. Respondent. Coram The Hon’ble Mr. Justice Surinder Singh, Judge. Whether approved for reporting?Yes. For the Petitioners: Mr. Tarlok Chauhan, Advocate in Cr.M.P.(M) Nos. 1003, 1004 & 1005 of 2008. Mr. Ajay Kumar, Advocate in Cr.M.P.(M) Nos. 1006, 1007 & 1008 of 2008. For the Respondent: Mr. J.S. Guleria, Law Officer. 2 Surinder Singh, J (oral): The present bail applications under Section 439 Cr.P.C. have arisen from FIR No.205/2008, registered on 17.5.2008 under Sections 377 and 328 read with Section 34 of the Indian Penal Code, in Police Station Sunder Nagar. The petitioners were arrested on 12th September, 2008 and the challan is stated to have been presented in the court against the accused persons. The petitioners are lodging in the judicial lock-up. Precisely, the facts of the case are that the petitioners were working in “M/s Gaymon India Limited” at Harnoda (Barmana) in district Bilaspur. Raj Kumar (deceased) was a Turner working in the said Company and working with the petitioners herein. It is alleged that on 12.5.2008, while working on a machine, he caught fire and was brought to sub divisional hospital, Sunder Nagar. The police was informed and he made a statement under Section 154 Cr.P.C. that at about 2/2.30 p.m., his clothes were drenched with oil and he was smoking a Biri while at work on the machine, his clothes caught fire. Thereafter the workers of the factory took him aside and put off the fire by pouring the buckets of water. His statement was recorded on 12.5.2008 by the police to the above fact. Raj Kumar was having 90% burn injuries. He was referred to Indira Gandhi Medical College and Hospital, Shimla from where he was referred to PGI Chandigarh. His brother Arjun and wife were also informed. Firstly, they came to Shimla and thereafter attended Raj Kumar at Chandigarh. On 16.5.2008, on the message given by the authorities of PGI Chandigarh to police station Barmana, ASI Jagjeet Singh visited PGI 3 and recorded the statement of Raj Kumar under Section 154 Cr.P.C. In this statement, he mentioned the same facts as revealed on 12.5.2008, but in addition named Naresh Kumar, Roshan Lal and Chaman Lal petitioners alleging the offences mentioned above, stated to have taken place one month prior to 12.5.2008. The ruqa was sent for registration of the case through Constable Pardeep Kumar, on the basis of which present FIR was registered on 20.5.2008 against the petitioners. However, Raj Kumar died on 19.5.2008. On 20.5.2008, Arjun Singh aforesaid went to the police Station Barmana and lodged FIR No.121/2008 under Sections 306 and 506 read with Section 34 of the Indian Penal Code to the effect that he was told by his deceased brother that the petitioners used to tease him and that he was sodomized and also made a reference therein that his deceased brother had mentioned the details and names of the culprits in his diary, which was kept in the workshop. In the case registered in police station Barmana that diary was allegedly recovered and the names of the present petitioners were stated to have been found mentioned therein as the offenders. In the instant case, on 24.5.2008, the statement of Arjun Singh was recorded with respect to the recovery of the diary effected in Police Station Barmana, which is alleged to be connecting evidence, based upon the opinion of the document expert. I have heard the learned counsel for the petitioners and also Mr. J.S. Guleria, learned Law Officer and have carefully gone through the police file. It is pertinent to note that in the statement made on 12.5.2008 by the deceased, he has not made any allegation with respect to the 4 offences under Section 377/328 of the Indian Penal Code against the petitioners. He has only explained as to how he has caught fire and held no one responsible for it, whereas, in the statement recorded on 16.5.2008, he is alleged to have only named three persons. This fact cannot be lost sight that the deceased caught fire and had 90% injuries. Before his statement on 16.5.08, he was treated in various hospitals and might have been given the sedatives and other medicines which could affect his mental faculties. Further the allegations contained in diary prima facie goes contrary to statement made on 12.5.2008 by the deceased. Therefore, without commenting on the merits of the case, suffice it to say that the petitioners can be enlarged on bail on suitable conditions. Accordingly, I allow the present petitions and order that the petitioners shall be released on bail on their furnishing the bail bonds each in the sum of Rs.10,000/- with one surety in the like amount, to the satisfaction of the learned Chief Judicial Magistrate, Mandi and this bail shall be subject to the following conditions:- (a) The petitioners shall not tamper with the prosecution evidence in any manner and shall present themselves in the court as and when required; (b) That the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the court or to any police officer; and (c) The petitioners neither flout any of the conditions of the bail nor shall misuse their bail of liberty in any manner. If they will do so, the bail shall be cancelled. Any observations or reference, made herein above is strictly for the purpose of deciding these applications and it shall not affect the merit of this case, in any manner. 5 An authenticated copy of this order be sent forthwith to the learned Chief Judicial Magistrate, Mandi, for information and necessary action at his end. Applications stand disposed of. October 20, 2008. (Surinder Singh) (Pds) Judge.