KULBHUSHAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has sought regular bail under Section 439 of the Code of Criminal Procedure in case FIR No.153 of 2011 dated 5.11.2011, registered at Police Station, Jogindernagar, District Mandi, H.P. under Sections 452, 147, 148, 149, 302 and 506 IPC.

(2.) It is not in dispute that out of the same incident, even the petitioner and his other co-accused have also lodged FIR on the same date being FIR No. 154 of 2011, which too, has been registered at Police Station, Jogindernagar, District Mandi, under Sections 341, 323, 302 and 34 IPC.

(3.) It is also not in dispute that all the accused in FIR No. 154 of 2011 have already been ordered to be released on bail, whereas it is the petitioner herein, who has not been released on bail only on the ground that he is charged with the serious offence and the matter is pending trial.