P.S.RANA,J. - (1.)Present petition is filed under Section 439 of the Code of Criminal Procedure 1973 for grant of bail in connection with case FIR No. 63 of 2015 dated 2.4.2015 registered under Sections 307, 323 read with Section 34 IPC at Police Station Sadar Shimla.
(2.)It is pleaded that petitioner is innocent and petitioner did not commit any criminal offence as alleged by investigating agency. It is further pleaded that investigation of the case is complete and petitioner is Government employee and there is no possibility of fleeing from the proceedings of court. It is further pleaded that continue custody of the petitioner would adversely effect the career and would also effect the family members of the petitioner who are totally dependent upon him. It is further pleaded that any condition imposed by the Court will be binding upon the petitioner and petitioner will not tamper with the prosecution witness in any manner. It is further pleaded that bail petition filed by petitioner was dismissed by learned Sessions Judge Shimla on dated 10.4.2015. Prayer for acceptance of bail petition sought.
(3.)Per contra police report filed. There is recital in police report that on dated 2.4.2015 information was received by way of telephone at Police Station Sadar Shimla that quarrel took place at HHH Shimla and injured person was brought for his medical treatment to IGMC Shimla. There is further recital in police report that statement of Kashish Khana was recorded. There is further recital in police report that Kashish Khana is a shopkeeper at lower market Shimla and on dated 2.4.2015 at about 8.15 night Kashish Khana along with his cousin brother Abhay Kumar went to HHH Shimla for consuming coffee and when Kashish Khana came out of the restaurant after consuming coffee one ambassador car was parked at the entrance of restaurant. There is further recital in police report that Kashish Khana told the driver of car to shift the car and in the meanwhile altercation took place and two persons came from behind and started quarreling with Kashish Khana. There is further recital in police report that one of co-accused namely Pankaj Sharma had fired from his service pistol and Kashish Khana sustained injuries in his right feet. There is further recital in police report that other co-accused namely Rakesh Kumar had inflicted injury with stick. There is further recital in police report that MLC of injured person was obtained from IGMC Shimla and the statements of the witnesses were recorded under Section 161 Cr.P.C and site plan was prepared. There is further recital in police report that co-accused Pankaj Sharma had fired from his service pistol and both accused persons were arrested on dated 3.4.2015. There is further recital in police report that sticks were recovered as per disclosure statement of co-accused Rakesh Kumar. There is further recital in police report that no recovery is to be effected from accused persons. There is further recital in police report that challan stood filed in the Court of learned Chief Judicial Magistrate Shimla on dated 7.5.2015. There is further recital in police report that accused persons are influential persons and if bail is granted to the petitioner then petitioner would cause disappearance of the evidence and would also threat prosecution witness. Prayer for rejection of bail application sought.