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2021 Supreme(HP) 448

CHANDER BHUSAN BAROWALIA
Kuldeep Kumar Alias Kapil – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocates appeared:
Satyen Vaidya, Advocate, Bhairav Gupta, Advocate, S.C. Sharma, Advocate, P.K. Bhatti, Advocate, Kuldeep Kumar Thakur, Advocate

JUDGMENT

Chander Bhusan Barowalia, J. - The matter is taken up through video conference.

2. The instant bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure for grant of bail, in case FIR No. 233 of 2019, dated 16.10.2019, under Sections 363, 376 and 504 of Indian Penal Code and Section 4 of Prevention of Children from Sexual Offences Act, registered at Police Station Boileauganj, District Shimla, H.P.

3. As per the petitioner, he is innocent and has been falsely implicated in the present case. He is permanent resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so he may be released on bail.

4. Police report stands filed. As per the prosecution, on 16.10.2019, police of police Station Boileauganj received a written complaint, wherein the complainant, father of the prosecutrix, stated that on 14.10.2019, his daughter (prosecutrix, name withheld), who is a student of 10+2, did not return to home after attending the school. Thereafter, they launched extensive search operation, but no clue about the prosecutrix was found. On the same day one Kuldeep Kumar @ Kapi

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