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2023 Supreme(HP) 200

SANDEEP SHARMA
Balboo – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocate Appeared:
For the Appellant :Mr. Vivek Sharma and Mr. Abhinav Mehta, Advocates.
For the Respondent:Mr. Anoop Rattan, Advocate General with Mr. Pushpinder Singh Jaswal, Mr. Tejasvi Sharma, Mr. Jitender Sharma and Mr. Gautam Sood, SI Noop Ram, Police Station Jhakri, District Shimla, Himachal Pradesh

JUDGMENT :

Sandeep Sharma, J.

Since both the bail petitions arise out of same FIR, they were taken up together and are being disposed of vide this common order.

2. By way of present bail petitions, filed under S.439 CrPC, prayer has been made on behalf of the bail petitioners namely Babloo and Ashish Sharma, who are behind the bars since 13/14.10.2022, for grant of regular bail in FIR No. 82, dated 13.10.2022 under Ss. 302, 341, 323, 147, 148, 149, 506 and 120B IPC, registered at Police Station Jhakri, District Shimla, Himachal Pradesh. Respondent State has filed status report and investigating officer has come present with record. Record perused and returned.

3. Close scrutiny of status report/record reveals that on 13.10.2022, complainant Sahil Negi lodged complaint at PS Jhakri, District Shimla, alleging therein that he alongwith his friends had gathered at Rampur for celebration of his birthday on 12.10.2022. He alleged that at around 11.00 PM, they all went to Mahesh Hotel, Jhakri for having dinner. However, when they reached Mahesh Hotel, security guard refused to give them entry. He alleged that owner of Mahesh Hotel Rahul Dev Sharma and his nephew Ashish Sharma started hurling

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