The main legal point established in the judgment is the presumption of innocence until proven guilty, the need to secure the accused's appearance at trial, and the considerations for granting anticipatory bail.

JUDGMENT :

P.S. Rana, Judge.

Present bail application is filed under Section 438 of the Code of Criminal Procedure 1973 for grant of anticipatory bail in connection with case FIR No. 175 of 2014 dated 28.8.2014 registered under Sections 307, 341, 323, 504 and 506 read with Section 34 of Indian Penal Code at P.S. Sadar District Bilaspur (HP).

2. It is pleaded that investigation is complete and no recovery is to be effected from the applicant and further pleaded that applicant will join the investigation as and when required by police. It is further pleaded that bail application filed by applicant be allowed.

3. Per contra police report filed. As per police report FIR No. 175 of 2014 dated 28.8.2014 registered under Sections 307, 341, 323, 504 and 506 read with Section 34 of Indian Penal Code in Police Station Sadar District Bilaspur (H.P.) against the applicant. There is recital in police report that on dated 28.8.2014 Mohender Pal complainant along with his friend Rajesh went to Luhnu ground and at about 6.15 PM in the evening complainant and his friend thought for boating. There is further recital in police report that thereafter vehicle having registration No. HP-69A-0973 came and accused persons talked with the complainant and his friend Rajesh and enquired about name and address of complainant. There is further recital in police report that thereafter complainant demanded pen from the accused persons and told that he would write his name and address and thereafter one of co-accused caught hold the complainant and other co-accused inflicted injuries upon the head and left leg of complainant with baseball. There is further recital in police report that blood oozed out from the head of complainant and complainant also sustained incised injuries in his left leg. There is further recital in police report that after inflicting the injuries both accused persons fled from the place of incident by using the abusive and insulting language and also threatened the complainant. There is recital in police report that medical examination of injured was got conducted in Regional Hospital Bilaspur and MLC obtained. There is recital in police report that site plan was also prepared and statements of prosecution witnesses were also recorded. There is further recital in police report that injured remained as indoor patient in the hospital w.e.f. 28.8.2014 to 1.9.2014. There is further recital in police report that blood clotted T-shirt and vehicle having registration No. HP-69A-0973 were took into possession. There is further recital in police report that as per opinion of medical officer injury No. 1 sustained by the injured was grievous in nature and said injury was dangerous to life. There is further recital in police report that baseball and bat were also recovered vide seizure memo and as per opinion of medical officer injuries No. 1 and 2 could be inflicted with baseball and bat. There is further recital in police report that another FIR No. 47 of 2007 dated 24.2.2007 was registered against the applicant under Sections 279, 337, 341, 504 and 506 IPC at P.S. Ghumarwin and applicant has been acquitted by learned Judicial Magistrate 1st Class Court- 3 Ghumarwin on dated 4.10.2012 and there is further recital in police report that another FIR No. 87 of 2014 dated 8.5.2014 is registered against the applicant under Sections 451, 323, 325 and 506 IPC in P.S. Ghumarwin which is pending in the Court of learned Additional Chief Judicial Magistrate Ghumarwin. There is recital in police report that if applicant is released on bail then applicant will induce and threat the prosecution witnesses and will also destroy the evidence. Prayer for rejection of bail application is sought.

4. Court heard learned Advocate appearing on behalf of the applicant and learned Additional Advocate General appearing on behalf of the State and also perused the record.

5. Following points arise for determination in this anticipatory bail application:-

1. Whether the anticipato