Point of Law: One is deemed to be innocent till time his/her guilt is not proved.

JUDGMENT :

Sandeep Sharma, J.

Since both the bail petitions arise out of same FIR, they were taken up together and are being disposed of vide this common order.

2. By way of present bail petitions, filed under S.439 CrPC, prayer has been made on behalf of the bail petitioners namely Babloo and Ashish Sharma, who are behind the bars since 13/14.10.2022, for grant of regular bail in FIR No. 82, dated 13.10.2022 under Ss. 302, 341, 323, 147, 148, 149, 506 and 120B IPC, registered at Police Station Jhakri, District Shimla, Himachal Pradesh. Respondent State has filed status report and investigating officer has come present with record. Record perused and returned.

3. Close scrutiny of status report/record reveals that on 13.10.2022, complainant Sahil Negi lodged complaint at PS Jhakri, District Shimla, alleging therein that he alongwith his friends had gathered at Rampur for celebration of his birthday on 12.10.2022. He alleged that at around 11.00 PM, they all went to Mahesh Hotel, Jhakri for having dinner. However, when they reached Mahesh Hotel, security guard refused to give them entry. He alleged that owner of Mahesh Hotel Rahul Dev Sharma and his nephew Ashish Sharma started hurling abuses and forcibly pulled the key of vehicle of Mahender. Complainant alleged that when they asked above named persons to return the key, owner of the Mahesh Hotel alongwith his staff, who were carrying dandas in their hands, gave them beatings. He alleged that all the persons, save and except Mahender, succeeded in fleeing from the spot, to whom subsequently owner of the Mahesh Hotel, Sh. Rahul Dev Sharma, and his nephew Ashish Sharma alongwith other staff members gave beatings. Complainant alleged that though they tried to make telephonic call to Mahender, but the same was unattended. Complainant alleged that he alongwith other friends came back on the spot to find out whereabouts of the Mahender, but by that time many people had gathered on the spot. He alleged that being afraid of the people gathered on the spot, they went to police Station, Jhakri and thereafter reached on the spot with the police. Complainant further alleged that accused, named hereinabove, gave merciless beatings to them, as a result of which they suffered grievous injuries. Police after having completed necessary codal formalities took complainant as well as other injured persons to the medical officer MGMHC, Khaneri, for medical examination. Since injured Mahender had suffered grievous injuries on his body, he was referred to IGMC but unfortunately, he died on his way to IGMC. In the aforesaid background, FIR was lodged against Rahul Dev Sharma, Ashish, Naresh Verma, Babloo, Ritik, Bhupesh and Amita Sharma, Rishi, Ankesh, Ashwani, Rakesh Kumar and Mohan Lal. All the persons save and except, bail petitioners already stand enlarged on bail. Since investigation in the case is complete and nothing remains to be recovered from the bail petitioners, they have approached this Court for grant of regular bail.

4. While fairly admitting the factum with regard to completion of investigation, learned Additional Advocate General submits that though nothing remains to be recovered from the bail petitioners, but keeping in view gravity of offence alleged to have been committed by the bail petitioners, they do not deserve any leniency and their prayer for grant of bail, deserves outright rejection. While making this Court peruse the statements of independent witnesses recorded under S.161 CrPC, learned Additional Advocate General contends that there is overwhelming evidence available on record suggestive of the fact that bail petitioners were part of the unlawful assembly and all in unison ran after Mahender, with the intention to kill him. Learned Additional Advocate General further states that it has come in evidence that the bail petitioner Ashish had given blow of Danda on the head of deceased Mahender, as such, it cannot be said that he has been falsely implicated. Learned Advocate Gen