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2018 Supreme(HP) 1450

CHANDER BHUSAN BAROWALIA
Nand Ram – Appellant
Versus
State Of H. P. – Respondent


Advocates Appeared:
Ashwani Kaundal, Advocate, for the Petitioner; Ashwani Sharma with Mr. P.K. Bhatti, Additional Advocate Generals, for the Respondent; ASI Pyare Lal, Police Station Sangla, District Kinnaur, present in person, for the Appealing Party

JUDGMENT

Chander Bhusan Barowalia, J. - The present bail application has been maintained by the petitioner, under Section 438 of the Code of Criminal Procedure, for releasing him on bail, in the event of his arrest, in case FIR No. 16/2017, dated 28.6.2017, under Sections 420, 467, 468 and 471 of the Indian Penal Code, Police Station, Sangla, District Kinnaur, H.P.

2. As per the averments made in the petition, petitioner is innocent and has been falsely implicated in the present case. He is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice.

3. Police report stands filed. As per the police report, complainant lodged an FIR alleging therein that on 12.9.2013, the petitioner had applied for agricultural loan amounting to Rs. 6,00,000/- from UCO Bank, Branch Sangla.

    The petitioner has furnished jamabandi pertaining to his land before the Bank, on the basis of which, loan was duly sanctioned. When, the petitioner has not deposited regular loan installments, jamabandi pertaining to his land was sent to the Tehsildar, Sangla as well as to concerned Patwari and it was found that the land in question, as shown in the jamabandi does not belon

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