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2020 Supreme(HP) 529

CHANDER BHUSAN BAROWALIA
Gurdev Singh – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
N.K. Thakur, Advocate, Divya Raj Singh, Advocate, S.C. Sharma, Advocate, P.K. Bhatti, Advocate

JUDGMENT

Chander Bhusan Barowalia, J. - The matter is taken up through video conference.

2. 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. 206 of 2018, dated 13.08.2018, under Sections 452, 396, 307, 323, 324, 326, 212, 412, 201 and 120B IPC, registered in Police Station Nalagarh, District Solan, Himachal Pradesh

3. As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is permanent 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.

4. Police report stands filed. As per the prosecution story, on 13.08.2018 from CHC, Nalagarh, police were informed that some injured persons, who sustained injuries in a brawl, have come for medical treatment. Police visited the CHC and found persons, namely, Shri Bhagat Ram Saini, Smt. Navjot Saini and Shri Gaurav Saini, under treatment. Police recorded the statement of injured Shri G

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