IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No. 963 of 2011 Date of decision: 30.11.2011 Rasak Mohd. …. Petitioner Vs. State of H.P. ….. Respondent Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1No For the Petitioner : Mr. Neeraj K.Sharma, Advocate. For the Respondent : Ms. Ruma Kaushik, Additional Advocate General 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. 171 of 2011 dated 9.8.2011 registered at Police Station, Sadar, Nahan, under Sections 304, 506, 201 IPC. 2. It has been stated that the petitioner has been arrested on the basis of presumption that petitioner has committed the offence. The petitioner filed bail application which was rejected by the learned Sessions Judge, Sirmaur at Nahan on 1.11.2011. The petitioner is innocent. He has committed no offence. The petitioner is ready to furnish bail bonds in accordance with the directions of this Court. The prayer has been made for releasing the petitioner on bail. 3. The status report has been filed and the bail has been opposed. It has been stated that on 9.8.2011 some unknown person Whether the reporters of the local papers may be allowed to see the Judgment? yes 2 gave information in the Police Station that at place Khairwala one boy Karan Pal has been electrocuted. The police party reached the spot and statement of Smt. Parmila Devi was recorded. On the basis of the statement of Smt. Parmila Devi case was registered. The complainant has stated that Karan Pal aged about 12 years student of 7th class had gone with the cattle for grazing on 9.8.2011 at about 8.30a.m., he did not return. He was searched and at about 4.00 p.m. his dead body was found near the field of the petitioner. On seeing the dead body of her son complainant cried, petitioner also came there, he lifted the deceased and placed in the same field at some other place. 4. She found electric wire entangled in the feet of her son and there were burn marks of electric current in both the feet of the deceased. The petitioner collected the wire in the presence of the complainant and Reshmi Devi and proceeded towards his house. The petitioner was arrested on 10.10.2011 for offences punishable under Sections 304, 506, 201 IPC. The challan has been prepared and is likely to be submitted in the Court very shortly. The investigation in the case is complete and no recovery is to be made from the petitioner. It has been stated that in public interest the petitioner be not released on bail. The petitioner is likely to threaten the witnesses in case he is released on bail. The prayer has been made for rejection of the bail application. 5. I have heard the learned counsel on both sides and have perused the police file. It emerges from the police file that initially the case under Sections 336, 304A, 201 IPC was registered against the petitioner and petitioner was released on bail. On 15.9.2011 the case was reconsidered and thereafter Sections 304, 506 IPC were added and 3 Sections 336, 304A IPC were deleted. The petitioner was arrested on 10.10.2011 and since then the petitioner is in custody. It has been stated on behalf of the respondent that investigation in the case is complete and no recovery is to be made from the petitioner and challan is under scrutiny. The opposition of the bail application in public interest is without corroborative material on record, similarly, apprehension of the respondent that in case petitioner is released on bail, he will threaten the prosecution witnesses, is also not supported with corroborative material. The investigation in the case is complete. The trial of the case will take some time. No purpose will be served to keep the petitioner in jail for indefinite period. In these circumstances, the petitioner has made out a case for grant of bail. 6. In view of the above, the petition is allowed. The petitioner is ordered to be released on bail in FIR No. 171 of 2011 dated 9.8.2011 registered at Police Station, Sadar Nahan, under Sections 304, 506, 201 IPC on his furnishing personal bond in the sum of ` 25,000/- with one surety of the like amount to the satisfaction of Judicial Magistrate at Nahan with the condition that the petitioner shall not overawe or terrorise the prosecution witnesses nor shall tamper with the prosecution evidence in any manner. 7. The observations made in this judgment are for disposal of bail petition only and the same shall not be construed as an expression of opinion on the merits of the case. Copy Dasti. November 30, 2011. ( Kuldip Singh), (GR) Judge.