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TMI Blog2019 (8) TMI 1756X X X X Extracts X X X X X X X X Extracts X X X X ..... of 2016, dated 27.06.2016, under Section 302, 307, 147, 148, 149 IPC and Section 25 of the Arms Act, registered at Police Station Dharampur, District Solan, H.P. 2. The facts giving rise for registration of the above case against the petitioners, amongst others, can tersely be encapsulated as under: On 26.06.2016 Smt. Taran Jeet Kaur (complainant) got her statement recorded under Section 154 Cr.P.C. The complainant stated that she alongwith her husband, Shri Param Jeet Singh (deceased) used to run a restaurant (dhaba) at Sanawara and the said dhaba was being looked after by her, her husband and nephew Hansdeep (injured). On 26.06.2016, when she was washing clothes, around 05:00 p.m., 10/15 persons of a tourist group were in the dh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioners and other accused persons on the spot. During the course of investigation, it was unearthed that the petitioners alongwith other accused persons were on tour to Dharamshala and Shimla and while returning they stopped in the dhaba of the deceased. The petitioners and other accused persons were not satisfied with the food quality, so a quarrel started and petitioner Rahul Malik fired on the deceased. As per the prosecution, challan stands presented in the Court and now the prosecution witnesses are being examined. Lastly, it is prayed that the bail applications of the petitioners be dismissed, as the petitioners were involved in a serious offence and in case they are enlarged on bail, they may tamper with the prosecution evidence ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unlimited period no purpose will be served. He has further argued that one of the petitioners sustained a bullet injury in his stomach and the bullet was fired by the deceased and for medical treatment the petitioner remained admitted in PGI, Chandigarh. The learned Senior Counsel for the petitioners has referred to Section 300 IPC and argued that no case is made out against the petitioners, as has been projected by the prosecution. He has taken his arguments a step ahead by arguing that there is no allegation against petitioner Rahul Malik and not even a single iota of evidence has come in the investigation against him, which even remotely connects him with the alleged offence. 5. Conversely, learned Deputy Advocate General has argued th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that in case the petitioners are enlarged on bail, they may tamper with the prosecution evidence by threatening or influencing the witnesses, who are yet to be examined. He has further argued that as there is no change in the circumstances, so the present bail applications are not maintainable and the same may be dismissed. The learned Senior Counsel, in order to draw lateral support to his arguments, has placed reliance on the following judicial pronouncements: "1. Kalyanchandra Sarkar vs. Rajesh Ranajan @ Pappu, 2004 (1) Apex Court Judgment 380 (SC); 2. Anil Kumar Tulsiyani vs. State of U.P. & Another, 2006 (2) Apex Court Judge 280 (SC); 3. Chandrakesjwar Prasad vs. State of Bihar, 2016 (9) SC 443; & 4. Iq ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any of the grounds, be it possibility of tampering with the prosecution evidence by the person seeking bail, gravity and seriousness of the offence or otherwise. 9. Admittedly, the petitioners have moved bail applications in succession when the same are being dismissed. It is settled law that the person seeking bail has to clearly demonstrate change in the circumstances, in case his earlier bail application was dismissed. In the case in hand, the learned Senior Counsel for the petitioners has tried to sketch out the ground for grant of bail mainly on the premise that now there is change in the circumstances. The change, as per the learned Senior Counsel is that now the learned Trial Court has recorded the testimonies of three prosecution w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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