1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P.(M) No. 727 & Cr.M.P.(M) No. 728 of 2011. Date of decision: 21.09.2011. 1. Cr.M.P.(M) No. 727 of 2011. Roshan Lal. ......Petitioner. Versus State of H.P. ......Respondent. 2. Cr.M.P.(M) No. 728 of 2011. Ram Pal. ......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(s) : Mr. N.S.Chandel, Advocate. For the Respondent(s) : Ms. Ruma Kaushik, Addl. A.G. with Mr.J.S.Rana,Asstt. A.G. Kuldip Singh , Judge( Oral). This order shall dispose of Cr.M.P(M) Nos. 727 and 728 of 2011. Both the applications have been filed under Section 438 Cr.P.C. for releasing the petitioners on bail in FIR No. 177/2011 dated 13.09.2011 registered at Police Station Barmana, under Sections 353,332,34 IPC. The status report filed in Cr.M.P.(M) No. 727 of 2011 and the same has been perused. 2. It has been stated by the learned counsel for the petitioners that petitioners have been falsely implicated in the case. They are innocent and they have committed no offence. The petitioners are ready 1 Whether reporters of Local Papers may be allowed to see the Judgment ? Yes 2 to join the investigation and furnish bail bonds as per the directions of the Court in case they are released on bail. The petitioners are apprehending their arrest on account of registration of the above case. The prayer has been made for releasing the petitioners on bail. 3. The bail applications have been opposed by the learned Additional Advocate General on the basis of the status report. I have heard learned counsel for the parties and perused the police file. In the status report, it has been stated that 5-6 persons abused and misbehaved with the police officials, one of them namely Raj Kumar even hit one of the police officials with stone and tore his uniform. He was over- powered with great difficulty. 4. Raj Kumar has already been released on bail by Judicial Magistrate Ist Class, Bilaspur, on 14.09.2011. The allegations against the petitioners are that they were also members of the unlawful assembly. In view of the allegations against the petitioners, the custodial interrogation of the petitioners is not necessary in the facts and circumstances of the case. The petitioners have made out a case for grant of bail under Section 438 Cr.P.C. 5. Accordingly, applications are allowed and in the event of arrest of petitioners in FIR No. 177/2011 dated 13.09.2011 registered at Police Station Barmana, under Sections 353,332,34 IPC, they be released on bail on their furnishing personal bonds in the sum of `20,000/- each with one surety each of the like amount to the satisfaction of the Arresting Officer with the condition that petitioners shall continue to join the investigation as and when directed by the Investigating Officer and shall not hamper the investigation and tamper 3 with the prosecution evidence in any manner. 6. 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 21, 2011. (Krt)