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2019 Supreme(HP) 481

CHANDER BHUSAN BAROWALIA
Sandeep – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
Abhishek Kaushik, Adv., Shiv Pal Manhans, Adv., Raju Ram Rahi, Adv.

JUDGMENT :

Chander Bhusan Barowalia, J.

The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in case FIR No. 129 of 2019, dated 06.06.2019, under Sections 21 and 29 of the ND&PS Act, registered in Police Station Sadar Solan, District Solan, H.P.

2. As per the averments made in the petition, 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. No fruitful purpose will be served by keeping him behind the bars for an unlimited period, so he be released on bail.

3. Police report stands filed. As per the prosecution story, on 05.06.2019 a police team was on routine patrol duty at place Saproon Chowk and the police got a secret tip off that near Hotel Paragon in Batra Niwas one Subodh @ Sonu is dealing in sale and purchase of heroin and in case his accommodation is raided heroin can be recovered. The police prepared a raiding party and associated independent witnesses and at about 09:15 p.m. door of the accommodation of said Subodh was knocked. The

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