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2021 Supreme(HP) 341

CHANDER BHUSAN BAROWALIA
Prakash Singh – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocates appeared:
Anirudh Sharma, Advocate, Neeraj Gazta, Advocate, Pavinder, Advocate, Adarsh K Sharma, Advocate, P.K. Bhatti, Advocate, Yudhvir Singh Thakur, 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. 37 of 2019, dated 29.08.2019, under Sections 363, 366, 376 IPC and Section 6 of the POCSO Act, registered at Women Police Station Baddi, District Solan, 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. 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 29.08.2019 father of the prosecutrix (complainant herein) made a complaint to the police alleging that he is resident of Chitarkoot, Uttar Pradesh, and for the last six years residing alongwith his family in a rented accommodation at Baddi. On 28.08.2019, at about 09:30 a.m., his daughter, prosecutrix (name withheld), went to school for procuring her mark- sheet, but, thereafter she did not turn-up and despite a

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