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2022 Supreme(HP) 551

CHANDER BHUSAN BAROWALIA
Pankaj Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Arun Sehgal, Advocate.
For the Respondent:Mr. Shiv Pal Manhans, Additional Advocate General And Mr. Bhupender Thakur, Deputy Advocate General

ORDER :

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. 250 of 2019, dated 31.08.2019, under Sections 420, 406, 467, 468, 120B and 201 IPC, registered at Police Station Nalagarh, 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, as he is permanent resident of District Hamirpur, H.P. No fruitful purpose will be served by keeping the petitioner behind the bars for an unlimited period, so he be released on bail.

3. At the very outset it is pertinent to mention that by filing the instant petition the petitioner has approached this Court successively third time seeking his bail. One of his earlier petitions was dismissed and other was withdrawn.

4. Police report stands filed. As per the prosecution story, Shri Suresh Kumar (complainant) made a written complaint to the police and alleged that he is acquainted with Pankaj Kumar and Anil Kumar, petitioner and co-accused, respectively. Th

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