Piar Singh Rana, J. - (1.)Present bail application is filed under Sec. 439 Cr.P.C. for grant of bail in FIR No. 56/2015 dated 20.06.2015 registered under Ss. 302, 323, 325, 452, 436, 427, 147, 148, 149, 109, 115, 117 and 120 -B IPC in Police Station Padhar Distt. Mandi (H.P.).
(2.)It is pleaded that petitioner is a poor lady working as daily waged Beldar in order to earn her livelihood and she has two minor children. It is further pleaded that role of the petitioner as alleged in the FIR is after thought and petitioner did not play any role in the criminal case. It is further pleaded that petitioner will not threat the prosecution witnesses in any manner. It is further pleaded that no recovery is to be effected from the petitioner. It is further pleaded that investigation is complete and final investigation report under Sec. 173 of Code of Criminal Procedure 1973 already stood filed in the competent Court of law. It is further pleaded that complainant party was aggressor who came with deadly weapons. It is further pleaded that complainant Gurvinder Singh is accused in counter FIR No. 55/2015 registered under Ss. 307, 147, 148 IPC read with Ss. 25 and 27 of Arms Act. Prayer for acceptance of bail petition sought.
(3.)Per contra police report filed. As per police report FIR No. 56/2015 dated 20.06.2015 is registered under Ss. 302, 323, 325, 452, 436, 427, 147, 148, 149, 109, 115, 117 and 120 -B IPC in Police Station Padhar Distt. Mandi (H.P.). There is recital in police report that complainant Gurvinder Singh was working with Contractor Rajiv Sharma at place Shalgi/Kamand Distt. Mandi H.P. There is further recital in police report that complainant alongwith his friends Gagandeep, Balbinder Singh, Satbir Singh, Lovely, Hairy, Teja Singh, Simranjeet Singh and Jitender alias Sheru on dated 17.6.2015 came for work. There is further recital in police report that on dated 20.6.2015 at about 10.30 A.M. when the complaint and his friends were working then local labourers and other persons came and told them to stop the work. There is further recital in police report that when the complainant and his friends did not stop the work then accused persons inflicted injuries with stones and iron rods. There is further recital in police report that friend of the complainant party namely Simranjeet Singh in self defence fired with the pistol in the air. There is further recital in police report that thereafter the mob became aggressive and threw the workers in rivulet and damaged the vehicle and also damaged the office. There is further recital in police report that Simranjeet Singh, Tanvinder Singh alias Hairy, Tejinder Singh and Jitender Singh have died. After registration of the case investigation was conducted, site plan prepared, photographs obtained and damaged vehicle, broken module of office took into possession vide seizure memo. Blood clotted sticks, stones and iron rods also took into possession vide seizure memo. Post mortem of deceased Simranjeet Singh, Tanvinder Singh alias Hairy, Tejinder Singh and Jitender Singh conducted and after post mortem dead bodies handed over to relatives of deceased. There is further recital in police report that injured Gurvinder Singh, Gagandeep, Baljinder Singh, Satbir Singh, Baljeet Singh alias Lovely were medically examined in Zonal Hospital Mandi and MLCs obtained. There is further recital in police report that investigation is complete and final investigation report under Sec. 173 of Code of Criminal Procedure 1973 already stood filed in the competent Court of law. There is further recital in police report that petitioner Champa Devi is the effective leader of labour union and if she is released on bail then she would commit similar criminal offence. Prayer for rejection of bail application sought.