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2021 Supreme(HP) 477

CHANDER BHUSAN BAROWALIA
Avinash – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocates appeared:
Anjali Soni Verma, 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. 22 of 2021, dated 14.02.2021, under Section 21 of the ND&PS Act, registered at Police Station Damtal, 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 the place. 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 14.02.2021, a police team was on routine patrol duty and at about 03:20 p.m., when the police team was near Sheetla Mata Temple, Damtal, a person was spotted coming on foot from the side of Sheetla Mata Temple, who on seeing the vehicle of the police, took a slew and immediately threw something in the bushes. On suspicion, the police nabbed the above person. Police associated an independent witness, in whose presence the n

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