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2020 Supreme(HP) 798

CHANDER BHUSAN BAROWALIA
Aslam Khan – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
Rajesh Kashyap, 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. 307 of 2018, dated 28.12.2018, under Section 20 of the ND&PS Act, registered in Police Station Manali, District Kullu, H.P.

3. As per the averments made in the petitions, the petitioner is innocent and has been falsely implicated in the present case. He is permanent resident of District Shimla 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 28.12.2018, at about 05:00 a.m., a police team was on routine patrol duty and at about 06:00 a.m. the team reached a place known as 16 Meel near a rain shelter. A car came from Manali side and the driver of the car, on seeing the police, switched off the lights of the vehicle and stopped it. On suspicion, police approached the vehicle and found it to be bearing registrat

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