CHANDER BHUSAN BAROWALIA
Yuvraj – Appellant
Versus
State of Himachal Pradesh – Respondent
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. 8 of 2020, dated 16.01.2020, under Sections 21, 22 and 25 of the ND&PS Act, registered in Police Station Indora, District Kangra, 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 sending him behind the bars for an unlimited period, so he be released on bail.
4. Police report stands filed. As per the prosecution story, 16.01.2020, a police team was on patrol duty. At about 07:00 p.m., when the police team reached near Senior Secondary School, Mohtali, a motorcycle, having registration No. HP 38A-5213, came, qua the same police had a secret tip-off. On seeking the police, the motorcyclist, in an attempt to flee, took a slew, but the motorcycle fell and the motorcyclist a
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