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2021 Supreme(HP) 122

CHANDER BHUSAN BAROWALIA
Yaseen Mohd. – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. N.S. Chandel, Senior Advocate, with Mr. Vinod Gupta, Advocate.
For the Respondent:Mr. S.C. Sharma, Additional Advocate General.

JUDGMENT :

CHANDER BHUSAN BAROWALIA, J.

1. 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. 108 of 2018, dated 27.10.2018, under Sections 302, 201 and 120B IPC, registered in Police Station Tissa, District Chamba, H.P.

3. 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.

4. Police report stands filed. The prosecution story, as emanates from the records, is that on 27.10.2018 Incharge, Police Post Nakrodh, sent a rukka to Police Station, Tissa. Complainant, Shri Kayum Mohammad made a statement to the police under Section 154 Cr.P.C. As per the complainant, on 25.10.2018, his brother, Lateef (son of complainant’s uncle) took his vehicle, having registration No. HP01C-1147 (Taxi), for visiting the house of his relat

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