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2021 Supreme(HP) 478

CHANDER BHUSAN BAROWALIA
Khekh Ram – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocates appeared:
Umesh Kanwar, Advocate, Sunny Rawat, Advocate, Manish Awasthi, Advocate, S.C. Sharma, Advocate, P.K. Bhatti, Advocate

JUDGMENT

Chander Bhusan Barowalia, J. - 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. 144 of 2020, dated 14.09.2020, under Sections 20, 25 and 29 of the ND&PS Act, registered at Police Station Palampur, District Kangra, 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 permanent resident of District Kullu, H.P. No fruitful purpose will be served by keeping him behind the bars for an unlimited period, so he be released on bail.

3. Police report stands filed. As per the prosecution story, on 14.09.2020, at about 01:50 p.m. a police team was present at Holta Main Road, where the police got a secret tip-off one Khekh Ram (petitioner herein) accompanied by some woman has come to the area in vehicle, bearing registration No. HP34B 8583. The police was further informed that the petitioner and the above woman intend to sell charas. Around 02:10 p.m. police spotted the above said vehicle park

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