Point of Law: Bail is rule and jail is exception.

JUDGMENT :

Vivek Singh Thakur, J.

All these petitions arising out of same FIR, for involvement of common question of law and fact, are being decided together by this common order.

2. Instant petitions have been preferred by the petitioners, seeking regular bail under Section 439 of the Code of Criminal Procedure (in short ‘Cr.P.C.), in case FIR No. 147 of 2021, dated 24.5.2021, registered in Police Station, Nalagarh under Sections 147, 148, 149, 341, 323, 307, 302, 120B, 201 IPC and 25, 29B, 30 of the Arms Act.

3. Status report filed and records also made available. Records of cross FIR No.161 of 2021 dated 15.06.2021 registered in Police Station Nalagarh, District Solan, H.P., under Sections 336, 307, 147, 148 and 149 of IPC and Section 25 of Arms Act, 1959 was also made available.

4. It transpires from the record that on 24.05.2021, FIR in present case was registered on the basis of statement made by one Rajinder Singh, recorded under Section 154 Cr.P.C., wherein it was stated that on 24.05.2021 complainant alongwith his companions namely Simran alias Simmu, Akbar alias Akku, Nazim alias Raja, Iqbal Mohammad alias Pala, Rammi, Rajan and others was going in two vehicles bearing registration Nos.HP-12M-7845 and HP12N7845 from Bhud to Falahi Kotla and when they reached near Petrol Pump Khera, at about 3.00 p.m., some vehicles came from Nalagarh side and out of those vehicles, one black coloured Scorpio hit the car bearing registration No.HP-12M-7845, and 10-15 persons came out of other vehicles including Balbir alias Ballu, Rakesh, Avtar, Jagpal alias Kakku, Vijay Kumar alias Vishu and Bindu and they fired on the car and some of them and others were carrying swords (Kirpan and Darat etc.) and in this incident Simran alias Simmu received bullet shot in his chest whereas Avtar and Nazim received bullet injuries and complainant and Iqbal Mohammad alias Pala were also injured, however, Rammi and Rajan did not receive any injury. Thereafter, the assailants had run away from the spot in their vehicles and injured were taken to hospital, where Simran alias Simmu was declared dead. Two gunshot grievous injuries were found on the body of Akbar. Similarly two grievous bullet injuries were also found on the person of Nazim alias Raja. Whereas, Iqbal alias Pala and complainant had received blunt injuries.

5. It was also stated in the aforesaid statement by the complainant that earlier also, on 22.05.2021 at about 9.00 p.m. petitioner Iqbal Mohammad alias Pala was restrained by Jagpal and 7- 8 other boys near Harison Hotel at Nalagarh and they tried to hit him with sword, but he had run away from the spot swiftly, but Jagpal and his companions had again intercepted his vehicle and had shown pistol and sword to the petitioner with threat that they would kill him and on the basis of complaint of the petitioner in this regard, a Rapat No.36 dated 22.05.2021 was entered in the Daily Diary of Police Station Nalagarh at 11.15 p.m. According to petitioners, accused party as detailed in FIR No.147 of 2021 was searching Simran alias Simmu and others to kill them and one day before the incident all of them had also visited the native village of Simran alias Simmu in his search.

6. On the basis of aforesaid complaint of Rajinder Singh, after registration of FIR, accused persons were arrested and weapons of offences were also recovered from them. Vehicles used by them as well as Car No.HP-12M-7845 were searched and inspected. As per prosecution case, during inspection of vehicles, one bullet of 8MM was recovered from Scorpio bearing registration No. HP-15E-1717 which was used by accused persons in commission of offence.

7. As per prosecution case, Avtar Singh is main conspirator in present case, wherein one Simran @ Simu has been murdered in sequel to a conspiracy hatched by petitioner and other co-accused. Occurrence of incident in present case is a result of chains of incidents taking place since 27th March, 2021, as on that date during Panchayat Elections c