SUMEET SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been moved by the petitioner under Section 438 of the Code of Criminal Procedure for releasing him on bail, in the event of their arrest, in case FIR No. 295 of2017, dated 19.11.2017, under Sections 353, 332, 504 and 506 read with Section 34 of Indian Penal Code, 1860 (for short "IPC"), registered at Police Station Sadar, Hamirpur, 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. He is resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, thus he may be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 19.11.2017, Home Guard Manjeet Singh filed a complaint of Shri Raj Kumar (complainant) with the police, wherein it was contended that the complainant, who is posted as HHG in Police Station Hamirpur, during his night during on 18.11.2017, 11:00 p.m. to 19.11.2017 05:00 a.m., alongwith HHG Dev Raj was on patrol duty. At about 12:00/12:15 a.m. when they reached near Girls Hostel, the petitioner alongwith the one more person came on a scooty bearing registration No. HP22C-1660 and started loudly uttering filthy language on phone.