Bail granted under specific conditions owing to cooperative participation in the investigation and lack of necessity for custodial interrogation.

1. The above tilted 13 bail applications are being disposed of by the common order, as the applicants have filed these applications under S.438 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.') in case, FIR No.52 of 2023 dated 26.06.2023, under S.457, S.380, read with S.34 of Indian Penal Code (hereinafter referred to as 'IPC') with Police Station, Kotkhai, District Shimla, Himachal Pradesh.

2. The applicants have filed these applications under S.438 Cr.P.C., claiming the relief in these applications, qua, the direction to be issued to the I.O. / Police to release the applicants on bail, in the event of their arrest in the aforementioned case / FIR.

3. According to the applicants, they are permanent residents of the address, as mentioned in the applications.

4. Applicant - Jai Ram Madaik has stated that he is the Chairman of the Temple Committee for the last 53 years and is actively involved in day - to - day working of the temple and all other religious activities along with other members of the Temple Committee.

5. It is the case of the applicants that the case has been registered against them, at the instance of one Sh. Suresh Sharma, who has been instigated by Rana of Balson, just to settle his personal scores with the Committee members.

6. It is their further case that the Temple Committee has resolved to construct a new complex for the Goddess in the year 2004 and for the purpose of the construction, the Committee has decided to shift the idol of Mata to a temporary complex, till the completion of the new one. The construction of the Temple is stated to have been completed in the month of March, 2022. For performing the consecration ceremony (Pran Pratistha) of the deity, the invitations were given to various persons, including Rana of Balson.

7. It is their further case that the Rana of Balson had insisted Committee members to perform the ritual of animal sacrifice, for which, the Committee members were not ready. It is their further case that the consecration ceremony of the idol of Goddess was done on 26.06.2023, with the consent of the stakeholders, but, Rana of Balson had not visited the Temple.

8. The applicants have also given the history that one civil suit is also pending adjudication between the parties. They have termed all the allegations, which have been levelled against them in the FIR, as false and the same are stated to have been levelled with a view to lower down their image in the estimation of public.

9. Asserting the fact that they are the respectable persons of the society and having due roots in the society, it has been contended on behalf of the applicants that they are ready to abide by any condition imposed with this Court, in case, any order is passed under the provisions of S.438 Cr.P.C.

10. On all these submissions, Sh. Virender Singh Chauhan, learned Senior Advocate, assisted by Sh.Rajeev Chauhan, Advocate, for the applicants, has prayed that the bail applications may kindly be allowed.

11. When put to notice, the Police has filed the status report on 28.06.2023, disclosing therein, that on 26.06.2023, complainant - Suresh Sharma appeared before the Police and got recorded his statement under S.154 Cr.P.C., disclosing therein that from the last 7 to 8 generations, his forefathers were performing Pooja in the Temple known as "Mahasu Prachin Durga Mata Mandir, Mahasu". The said Temple is stated to be the temple of family deity (Kuldevi) of Sh. TriVikram Singh Rana. About 20 years ago, for the construction of a new temple, said Rana Ji with the consent of the resident of three Panchayats, with the help of the Pujaris, got constructed a temporary Temple, about