IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No.785 of 2009. Date of decision: 16.9.2009. Narain Singh …… Petitioner Vs. State of H.P. …. Respondent Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 No For the Petitioner : Mr. P.P. Chauhan, Advocate. For the Respondent : Mr. Anshul Bansal, Addl. Additional Advocate General with Mr. R.P. Singh, Assistant Advocate General Kuldip Singh, Judge. (Oral) The petitioner has filed this application under Section 438 Cr.P.C. for grant of bail in FIR No.50 of 2009 registered at Police Station, Shillai, Distt Sirmaur on 19.8.2009 under Sections 452, 354, 504 IPC. The status report has been filed. 2. Heard and perused the record. It has been submitted on behalf of the petitioner that petitioner has been falsely implicated in the case and he is apprehending his arrest in FIR No.50 of 2009 registered at Police Station, Shillai. The petitioner is ready to furnish Whether the reporters of the local papers may be allowed to see the Judgment?Yes bail bonds in accordance with the directions of this Court. The learned counsel for the petitioner has prayed for grant of bail to petitioner under Section 438 Cr.P.C. 3. In the status report, it has been stated that the case has been registered on 19.8.2009 on the basis of statement of complainant Smt. Santo Devi, who is married and having three children. According to her on 18.8.2009 some guests had come to her house. At about 11.30. p.m. she had gone in the upper storey of the house for laying beds in the room for the guests, petitioner who is distantly related to complainant came out of the “Bara” of the room and caught hold the complainant and molested her. He had torn the shirt and salwar of the complainant. The complainant raised alarm, the accused chased her. The complainant picked up a danda and threw at the accused which might have hit his head. On hearing her cries many persons reached there and on seeing them accused ran away from the spot. In the process her many bangles were broken and fell on the spot. On this, the case was registered. The petitioner filed bail application in the Court of learned Sessions Judge, Nahan and during investigation it was found that he sustained injuries on his forehead which he received in the beatings given by complainant and her relatives. 4. Mr. Anshul Bansal, Learned Addl. Advocate General has opposed the bail application on the grounds that the petitioner is in a position to influence the witnesses; a similar case was earlier registered against the petitioner which was later on compromised. I have considered the rival contentions of the parties. There is nothing in the status report that some recovery is yet to be made from the petitioner or he is not cooperating in the investigation. The case was registered on 19.8.2009. The main witnesses are the relatives of the complainant. The apprehension shown by the investigating agency that the petitioner will influence the witnesses is without any foundation. The allegations are vague. The earlier case against the petitioner was compromised and therefore much help cannot be taken by the investigating agency from that case. The petitioner is ready to furnish bail bonds. 5. In the facts and circumstances of the case, I am satisfied that the petitioner has made out a case for grant of bail. Accordingly, bail application under Sections 438 Cr.P.C is allowed. The petitioner in the event of arrest in FIR No.50 of 2009 registered at Police Station, Shillai, Distt Sirmaur on 19.8.2009 under Sections 452, 354, 504 IPC, be released on bail on his furnishing personal bond in the sum of Rs.10,000/- with one surety of the like amount to the satisfaction of the Arresting Officer subject to the condition that petitioner shall join the investigation as and when called by the Investigating Officer and shall not hamper the investigation and tamper with the prosecution evidence in any manner. 6. The observations made in this order are for disposal of this application and these shall not be treated as expression of opinion on the merits of the case. Copy Dasti on usual terms ( Kuldip Singh) Judge September 16, 2009 (sks)