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2016 DIGILAW 2458 (HP)

Sanjay v. State of Himachal Pradesh

2016-11-21

CHANDER BHUSAN BAROWALIA

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JUDGMENT : Chander Bhusan Barowalia, J. The present bail application is maintained by the petitioner under Section 438 of the Code of Criminal Procedure for releasing him on bail in case FIR No. 177/2016, dated 13.10.2016, registered at Police Station Theog, District Shimla, H.P. under Sections 342, 323 and 506 of the Indian Penal Code. 2. Police report stands filed. As per the prosecution story, the petitioner has given beatings to the complainant, i.e. Sh. Sunil Kumar, and intentionally caused injuries to the complainant. On the basis of which, FIR No. 177/2016, dated 13.10.2016, under Sections 342, 323 and 506 of the Indian Penal Code, was registered at Police Station Theog, District Shimla, H.P. 3. Learned counsel for the petitioner has argued that the petitioner is innocent and has been falsely implicated in this case. On the other hand learned Additional Advocate General has argued that the petitioner is habitual of doing such type of offences earlier also. He has further argued that if the petitioner is released on bail, he will repeat the same offences and tamper with prosecution evidence and he is likely to flee from justice. 4. In rebuttal, learned counsel appearing on behalf of the petitioner has argued that the petitioner will neither tamper with the prosecution evidence, nor he will do anything to hamper the investigation, in any manner. 5. Heard. Taking into consideration the nature of the offence and the facts that the petitioner is resident of the place, he is joining/cooperating in the investigation and not in a position to flee from justice and also not in a position to tamper with the prosecution evidence, this Court finds that, interest of justice would be met in case the judicial discretion to admit the petitioner on bail is exercised in favour of the petitioner. So, it is ordered that in the event of his arrest in the case, he be released on bail, on his furnishing personal bond in the sum of Rs. 10,000/- (rupees ten thousand only) with one surety in the like amount to the satisfaction of Investigating Officer. The bail is granted subject to the following conditions: i. That the petitioner will join investigation of case as and when called for by the Investigating Officer in accordance with law. ii. That the petitioner will not leave India without prior permission of the Court. iii. The bail is granted subject to the following conditions: i. That the petitioner will join investigation of case as and when called for by the Investigating Officer in accordance with law. ii. That the petitioner will not leave India without prior permission of the Court. iii. That the petitioner will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Investigating Officer or Court. 6. Accordingly, the petition is disposed of.