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2021 Supreme(HP) 427

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


Advocates appeared:
Narender Singh Verma, Advocate, Chetan Viraj Sharma, Advocate, S.C. Sharma, Advocate, P.K. Bhatti, Advocate, Vijay Kumar, 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. 238 of 2020, dated 02.10.2020, under Section 376 IPC, registered in Police Station Sadar Bilaspur, District Bilaspur, 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 permanent resident of District Solan, H.P. 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.

3. Police report stands filed. As per the prosecution story, on 02.10.2020, mother-in-law of the prosecutrix/victim (complainant) got her statement recorded under Section 154 Cr.P.C. with the police, wherein she stated that 3-4 months back her daughter-in-law, prosecutrix/victim (name withheld) divulged that one Inder Singh (petitioner herein) tried to molest her, but the complainant did not believe the prosecutrix. On 02.10.2020, at about 01:30, when the prosecutrix went to bring

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