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2021 Supreme(HP) 302

CHANDER BHUSAN BAROWALIA
Jafar Ali – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocates appeared:
Ashok Kumar Tyagi, Advocate, Arvind Sharma, Advocate

JUDGMENT

Chander Bhusan Barowalia, J. - The instant bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release, in case FIR No. 31 of 2021, dated 24.03.2021, under Sections 363, 366-A, 376 and 506 IPC and Section 4 of POSCO Act, registered at Police Station Majra, District Sirmour, H.P.

2. 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, as he is resident of the place. No fruitful purpose will be served by keeping him behind the bars, so he be released on bail.

3. Police report stands filed. Succinctly, the prosecution story, as emanates from the records is that on 24.03.2021 father of the prosecutrix (complainant) made a complaint to the police alleging therein that he alongwith his family lives migratory life and for six months in summer he resides in a kiosk located in Haripur Forest. As per the complainant, his younger daughter, prosecutrix (name withheld), is sixteen years old and no records qua her date of birth is available. A year

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