Cr.MP(M) No.15 of 2010 23.2.2010 Present: Mr. G.D. Verma, Sr. Advocate with Mr. B.C. Verma, counsel for the petitioner. Mr. J.S. Rana, Assistant Advocate General, for the respondent. The petitioner was arrested alongwith his co-accused Kulveer Singh Tyagi in FIR No. 176 of 2008 registered on 14.10.2008 in Police Station, Baddi allegedly for committing the offence of murder of Balbir Singh, a Security Guard of Indo Farm Factory at Baddi. To be precise the prosecution story is that on 13th of October, 2008 during the night the dead body of Balbir Singh was detected by Nand Lal, Security Supervisor of the Factory lying in the store room which was bolted from out side. Assailants were not known. On 14th of October, 2008 Tarsem Pathania, Assistant Manager of ‘Indo Farm Factory’ informed the police. Police visited the spot and the dead body was taken into possession and sent for post mortem. The report of post mortem reveals that the dead body was having ante mortem gun shot injuries on the head, eyes and other parts of the body. The maggots were found coming out from holes and the doctor opined the cause of the death because of ante mortem fire arm wounds on head leading to death. The petitioner was arrested on 6.8.2009 i.e. after about ten months on a secret information received by the police that he was involved in the commission of the crime and that the weapon of offence used was an iron bar. During the investigation the petitioner is alleged to have made the disclosure statement after three days of his arrest i.e. on 8.8.2009 with respect to the weapon of offence i.e. the iron rod which was recovered from the bushes. According to the case of prosecution, Cr.MP(M) No.15 of 2010 on 11.10.2008 Kulveer Singh telephonically informed Jaswinder Singh his partner that he alongwith the petitioner had committed the murder of Balbir. On 14th October 2008 Kulveer Singh met Jaswinder and again made the aforesaid statement to him. The phone call details of the petitioner and Kulveer Singh Tyagi and also Jaswinder were taken into possession by the police. Except this there is no other evidence against the petitioner and the challan has now been put in Court for trial. The cause of death is gun shot injuries. There is only an iron rod recovery from the petitioner that too after about ten months. There is no opinion of the Doctor that any of the injury which proved fatal could be caused by the iron rod whereas the opinion of the doctor is different as stated above. Thus without commenting upon the merits of the case which may ultimately prejudice the case of any of the party, suffice to say that the petitioner is entitled for bail. Accordingly, his prayer of bail is allowed and it is ordered that the petitioner be released on bail on furnishing personal bond in the sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the Chief Judicial Magistrate, Solan and this bail shall be subject to the conditions that the petitioner:- (i) shall present himself in the Court of Additional Sessions Judge, Solan camp at Nalagarh on 9.3.2010 and thereafter as and when called upon by the court. (ii) shall not make any inducement, threat or promise to any person acquainted with the facts and circumstances of this case to as Cr.MP(M) No.15 of 2010 to dissuade him fro disclosing such facts to the court or the Police officer. During the bail the petitioner shall not misuse his liberty in any manner. In case he does so, the liberty of the bail shall be cancelled. Any observation made hereinabove is strictly for the disposal of this bail petition and shall not affect the merits of the case in any way. An authenticated copy of this order be immediately sent to the learned Chief Judicial Magistrate, Solan for his information and necessary action at his end. In case, the urgent copy is applied by any of the parties to be supplied them without delay as per rules. The application is disposed of. (Surinder Singh), J. 23rd February, 2010 (vs)