IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P.M. No. 676 of 2009. Date of decision: 12.8.2009. Nasib Singh ….. 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. R.K. Gautam, Senior Advocate with Mr. Mehar Chand, Advocate. For the Respondent : Mr. A.K. Bansal, Addl. Advocate General. Kuldip Singh, Judge (oral). This is an application, under Section 438 of the Code of Criminal Procedure, for releasing the petitioner on bail, in case FIR No. 125 of 2009, dated 23.7.2009, registered at Police Station, Barsar, under Sections 353, 504, 506 IPC. The respondent has filed the status report. 2. Heard and perused the record. The prosecution case in brief is that on 23.7.2009 Man Singh, Pradhan, Gram Panchayat, Samaila on telephone informed the Police Post, Deot Sidh that petitioner had raised a quarrel in Panchayat Ghar. On this, Head Constable Hans Raj went to the spot and recorded the statement of Man Singh, under Section 154 Cr.P.C. The complainant had stated that on 23.7.2009 he was present in the Panchayat Ghar as member Whether the reporters of the local papers may be allowed to see the Judgment? …2… of quorum, at about 1.30 p.m. the petitioner was also present in a case. The petitioner during the course of hearing of a case came in rage. The ward member Kulwant Singh tried to pacify him. On this, the petitioner caught hold Kulwant Singh from neck and gave him beating with fist blows. Smt. Santosh Kumari, another ward member, tried to intervene, but petitioner also gave her beatings with kick and fist blows. The petitioner thus obstructed the proceedings of the Panchayat. The petitioner is a dangerous person, he abused Smt. Santosh Kumari and threatened her that he would kill her. The complainant reported the matter to Police Post, Deot Sidh. The petitioner had fled away from the spot before arrival of the police. On the statement of complainant Man Singh, a case was registered against the petitioner. After registration of the case, statements of Kulwant Singh and Smt. Santosh Kumari were recorded. The petitioner was searched, but he could not be traced. He filed an application for anticipatory bail, which was rejected by Sessions Judge, Hamirpur on 3.8.2009. It has been alleged that petitioner is a habitual offender, in between 1997 to 2009 several cases were registered against the petitioner at Police Station, Barsar. In the status report, a prayer has been made for dismissal of the bail application. 3. The learned counsel for the petitioner has submitted that petitioner has been falsely implicated in the case. The petitioner is innocent. The complainant is the political opponent of the petitioner. It has been submitted that only two cases are pending against the petitioner, but those two cases are also due to political rivalry. The …3… petitioner had also reported the matter to the police on 23.7.2009, but no action was taken by the police on his report. The petitioner is ready to join the investigation, no recovery is to be made from the petitioner. The learned counsel for the petitioner has prayed for grant of bail to petitioner under Section 438 Cr.P.C. 4. The learned Additional Advocate General has opposed the bail application and has submitted that as per status report, several cases have been registered against the petitioner. The learned Additional Advocate General is not in a position to state about the present position of the cases registered against the petitioner and mentioned in the status report. There is nothing in the status report that some recovery is to be made from the petitioner. 5. The learned counsel for the petitioner has submitted that after the grant of interim order dated 6.8.2009 by this Court, the petitioner had reported at Police Station, Barsar. The Sessions Judge, Hamirpur has dismissed the bail application of the petitioner mainly on the ground that many cases in the past were registered against him. The law will take its own course about the cases registered against the petitioner. In the facts and circumstances of the case, the petitioner has made out a case for grant of bail under Section 438 Cr.P.C. Accordingly, the bail application is allowed and petitioner is ordered to be released on bail in the event of his arrest in case FIR No. 125 of 2009, dated 23.7.2009, registered at Police Station, Barsar, under Sections 353, 504, 506 IPC on his furnishing personal bond in the sum of Rs.10,000/- with one surety in the like amount to the satisfaction of the Arresting Officer with the conditions …4… that petitioner shall continue to join the investigation as and when called upon to do so by the Investigating Officer and shall not hamper the investigation or tamper with the evidence in any manner. 6. Dasti copy on usual terms. August 12, 2009. ( Kuldip Singh ) (Hem) Judge.