SANJAY Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) 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.