1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.M.P.(M) No. 756 & Cr.M.P.(M) No. 757 of 2011. Date of decision: 30.09.2011. 1. Cr.M.P.(M) No. 756 of 2011. Baldev Singh. ......Petitioner. Versus State of H.P. ......Respondent. 2. Cr.M.P.(M) No. 757 of 2011. Ranjeet Singh. ......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. P.P.Chauhan and Mr. D.R. Verma, Advocates. For the Respondent(s) : Ms. Ruma Kaushik, Addl. Advocate General. Kuldip Singh , Judge( Oral). Cr.M.P.(M) No. 756 of 2011 has been filed by Baldev Singh and Cr.M.P.(M) No. 757 of 2011 by Ranjeet Singh under Section 438 Cr.P.C. for releasing them on bail in FIR No. 197/2011 dated 17.09.2011, registered at Police Station Theog, under Sections 341,323, 324, 325 and 506,34 IPC. The status report filed in Cr.M.P.(M) No. 756 of 2011 has been perused. 2. It has been stated in the applications that petitioners are innocent. They are only bread-winners of their families. The petitioners 1 Whether reporters of Local Papers may be allowed to see the Judgment ? Yes 2 are ready to join the investigation and furnish bail bonds as per the directions of the Court. It has been stated that no recovery is to be made from the petitioners, who are apprehending their arrest in view of registration of the case. The prayer has been made for releasing them on bail. 3. The bail applications have been opposed on the basis of the status report. It has been stated that case has been registered on 17.09.2011 on the basis of the statement under Section 154 Cr.P.C of Jiya Lal. He has stated that on 16.09.2011 at about 8.45 p.m., the complainant and Madan Lal were going to Bus-stand, Balag. The petitioners stopped them on the way. It has been alleged that Baldev Singh was holding an iron rod while Ranjeet was holding 'danda'. It has been alleged that petitioners gave beatings to complainant and Madan Lal with iron rod and 'danda', as a result of which, complainant sustained injuries on the arm, leg and back, Madan Lal sustained injuries on nose, arm and leg. The injured were saved by Inder Sharma and Hariom. The injured were taken to hospital. It has been stated that Jiya Lal suffered ten injures and Madan Lal suffered six injuries. The petitioners have joined the investigation. They have handed over iron rod and 'danda' to the police. The prayer has been made for rejection of the bail applications. 4. I have heard learned counsel for the parties and perused the police file. The allegations against the petitioners are that they have given beatings to complainant and Madan Lal, as a result of which, complainant and Madan Lal sustained various injuries on their persons. The petitioners have joined the investigation, the iron rod and 'danda' 3 allegedly used by petitioners at the time of commission of offence have been recovered by the Investigating Agency. There is no allegation in the status report that petitioners are not co-operating in the investigation or any more recovery is to be made from the petitioners. There is no allegation that in fact the petitioners have threatened any prosecution witnesses. The allegation of the Investigating Agency that there is likelihood of threat to the witnesses of the prosecution is without any foundation. In the facts and circumstances of the case, the petitioners have made out a case for grant of bail. 5. Accordingly, Cr.M.P.(M) Nos. 756 and 757 of 2011 are allowed. The petitioners in the event of arrest in FIR No. 197/2011 dated 17.09.2011, registered at Police Station Theog, under Sections 341,323, 324, 325 , 506,34 IPC, 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 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 an expression of opinion on the merits of the case. Copy 'dasti'. ( Kuldip Singh ), Judge. September 30, 2011. (Krt)