1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P.(M) No. 754 of 2011. Date of decision: 26.09.2011. Rakesh Negi. ......Petitioner. Versus 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 with Ms. Sheweta Julka, Advocate. For the Respondent : Ms. Ruma Kaushik, Addl. A.G. with Mr.J.S.Rana,Asstt. A.G. Kuldip Singh , Judge( Oral). This is an application under Section 439 Cr.P.C. for releasing the petitioner on bail in FIR No. 190/2011 dated 04.09.2011, registered at Police Station Sadar Shimla, under Sections 147,148, 149, 307, 506IPC. The status report filed and the same has been perused. 2. It has been stated in the application that one Rajender Thakur, who claims to be the President of the Taxi Union of Bus-stand, lodged a report to the police alleging therein that on 04.09.2011 at about 4.00 p.m.,5-6 vehicles packed with many persons came from the 'Tutikandi' side, who were armed with 'dandas' and weapons, they attacked the complainant and other taxi drivers, as a result of which, they sustained injuries. The matter was reported to the police. 3. It has been alleged that complainant party took quarrel with 1 Whether reporters of Local Papers may be allowed to see the Judgment ?Yes 2 the persons of taxi union of ISBT, Shimla, over the issue of taxi union in the newly shifted Bus-stand,Shimla. The petitioner has nothing to do with any taxi union, but he has been falsely implicated in the case. It has been stated that the petitioner had earlier filed bail application which has been rejected by the learned Additional Sesisons Judge, Fast Track Court, Shimla, on 21.09.2011. No case under Section 307 IPC is made out against the petitioner, who is in custody since 04.09.2011. 4. The investigation in the case is almost complete and no recovery is to be made from the petitioner. The petitioner is ready to join the investigation and furnish bail bonds in accordance with the directions of the Court. The prayer has been made for releasing the petitioner on bail. 5. The bail application has been opposed on the basis of status report. The petitioner was armed with pistol. It has been submitted by learned Additional Advocate General that in all seven persons were involved in the commission of offence. The petitioner and one Sonu alias Vikram Singh have been arrested and they are in jail and others have absconded. The allegations against the petitioner are that he has caused injuries to the complainant party. 6. I have heard learned counsel for the parties and perused the record. The petitioner is in custody since 04.09.2011. There is nothing in the status report that some recovery is to be made from the petitioner. The use of pistol by the petitioner has not been alleged in the FIR. The learned Additional Sessions Judge in the order dated 21.09.2011 has observed that injuries on the persons of the injured were found simple in nature. In the facts and circumstances of the case, the further detention 3 of the petitioner will not serve any purpose. Therefore, keeping in view the facts of the case, the petitioner has made out a case for grant of bail under Section 439 Cr.P.C. 7. Accordingly, the application is allowed. The petitioner is ordered to be released on bail in FIR No. 190/2011 dated 04.09.2011, registered at Police Station ,Sadar, Shimla, under Sections 147,148, 149, 307, 506IPC, on his furnishing personal bond in the sum of ` 25,000/- with one surety of the like amount to the satisfaction of any Judicial Magistrate at Shimla with the condition that the petitioner shall not hamper the investigation or tamper with the prosecution evidence in any manner nor shall overawe or terrorize the prosecution witnesses. He shall not create any law and order problem during the pendency of the case registered against him. 8. The observations made in the judgment are for the disposal of the bail application and shall not be construed as expression of opinion on the merits of the case. Copy 'dasti'. ( Kuldip Singh ), Judge. September 26, 2011. (Krt)