IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P(M) No. 817 of 2011. Date of decision: 18.10.2011. Karnail Singh ….. Petitioner. Vs. State of H.P. …. Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 For the petitioner : Mr. Kulbhushan Khajuria, Advocate. For the Respondent : Ms. Ruma Kaushik, Addl. Advocate General with Mr. J.S.Rana, Asstt. Advocate General. Kuldip Singh, Judge (oral). This is an application, under Section 439 Cr.P.C., for releasing the petitioner on bail in FIR No. 12 of 2011 dated 23.5.2011 registered at Police Station, State CID Shimla, H.P., under Sections 465, 466, 471, 120-B IPC. The status report filed and the same has been perused. 2. It has been stated in the application that petitioner has been wrongly arrested on the basis of the report given by the Examiner of Questioned Documents, which being an opinion evidence is neither cogent nor conclusive. The petitioner has no motive to commit the offence. The investigating agency has initially cited the petitioner as witness in the case. In these circumstances, there is no question of any conspiracy of the petitioner with the public Whether the reporters of the local papers may be allowed to see the Judgment? …2… servant, whose conduct as public servant has been condemned by this court. 3. The allegations against the petitioner are baseless. The petitioner is innocent, he has committed no offence. The prosecution case is that petitioner and one Gurdip Kaur conspired together and prepared forged nomination papers. The petitioner had filed bail application before the Special Judge, Una, which was rejected on 1.10.2011. 4. The petitioner is ready to furnish bail bonds in accordance with the directions of this court and undertakes to comply the conditions, if any laid for releasing the petitioner on bail. The prayer has been made for releasing the petitioner on bail. 5. Heard and perused the record. It has been stated in the status report that nomination paper of Balwant Singh was found to be written by the petitioner by the expert. On the nomination paper of Kamal Dev, certificate and counterfoil, name and address were found to be written by the petitioner, on the nomination paper of Amrik Singh, the signatures were found to be written by the petitioner. The other writing was also found to be written by the petitioner. The petitioner has been arrested on 28.9.2011 and Section 120-B IPC has been added. The petitioner initially was cited as a witness, but later on during investigation it was found that he has conspired with Gurdip Kaur and prepared false documents. The petitioner has not come out with truth how the false and forged documents were prepared. The petitioner filed bail application in the court of learned Judicial Magistrate Ist Class, Court No. 3, Una, which was withdrawn on …3… 12.10.2011. The supplementary challan has been submitted in the court on 12.10.2011. The bail application of the petitioner has been dismissed by the learned Addl. Sessions Judge on 1.10.2011. It has been stated that on 2.9.2011, in Cr.MP(M) No. 628 of 2011, this court has rejected the bail application of Gurdip Kaur. The prayer has been made for rejection of the bail application. 6. I have considered the submissions made on either side. There are serious allegations against the petitioner of tampering the nomination papers during election process, there is allegation of conspiracy of petitioner with Gurdip Kaur. The bail application of Gurdip Kaur has already been rejected by this court on 2.9.2011. The allegations against the petitioner, under no circumstances, are less serious, in comparison to Gurdip Kaur. It is not in public interest to release the petitioner at this stage in view of gravity of offence. The bail application of the petitioner is rejected. October 18, 2011. ( Kuldip Singh ) (Hem) Judge.