ASHOK KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Sec. 439 of the Code Criminal Procedure seeking his release in case FIR No. 116 of 2016, dated 12.11.2016, under Sections 332, 353, 452, 342, 504 read with Sec. 34 Indian Penal Code (hereinafter referred to as "the Penal Code "), registered at Police Station, Nadaun, District Hamirpur, H.P.

(2.) As per the learned counsel for the petitioner, the petitioner is innocent and has been falsely implicated in the present case due to extraneous circumstances. He is resident of the place and no purpose will be served by keeping him behind the bars.

(3.) Police report stands filed. As per the prosecution story, on 12.11.2016, complainant Rakesh Kumar, Constable No. 321, got his statement recorded under Sec. 154 Crimial P.C. wherein he has stated that he is working in Police Station, Nadaun, as General Duty Constable from 2016 and on 12.11.2016 he was on night duty in Police Help Room at Bus Stand, Nadaun. At about 7:45 p.m. he went to the shop of Ashok Kumar (petitioner herein) wherefrom noise was coming and he asked not to create noise. On this, Ashok Kumar started abusing him and thereafter the complainant came to Police Help Room, but the petitioner also came there along with his son and driver and dragged him to his shop and gave him beatings and also damaged his uniform. Police registered a case against the present petitioner.