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2020 Supreme(HP) 783

CHANDER BHUSAN BAROWALIA
Om Prakash – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
Sanjay Sharma, Advocate, Gaurav Sharma, 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. 30 of 2020, dated 17.08.2020, under Section 376AB IPC and Section 6 of the POCSO Act, registered in Women Police Station Baddi, District Solan, 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 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 17.08.2020, complainant, who is mother of the prosecutrix (names withheld), alongwith Smt. Anita Sharma, Project Co-ordinater Child Line, Solan, made a complaint to the police, wherein she alleged that she, alongwith her husband and two daughters, resides in a hut near Hotel Vimal. The complainant has further alleged that her elder daughter is eight years old and younger is two years old.

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