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2022 Supreme(HP) 534

CHANDER BHUSAN BAROWALIA
Shahjad Ali S/o Shri Abdul Gaffar – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Servedaman Rathore.
For the Respondents: Shiv Pal Manhans, Vikrant Chandel, Raju Ram Rahi, Shriyek Sharda.

ORDER :

1. 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. 12/22, dated 6.1.2022, under Sections 22-61-85 of the ND&PS Act, registered at Police Station Paonta Sahib, District Sirmaur, 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. 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 16.1.2022 at about 11.02 a.m. a police team was on routine patrol duty and then at about 11.40 a.m. near Primary School, Amarkot, Paonta Sahib, they received a secret information that the accused is indulged in the business of selling Drugs (narcotic capsules). On finding the information genuine, the police party proceeded to Amarkot. At about 12.05 p.m. they have reached to the house of accused and search of the house of the accused was conducted. During search, they found a knotted p

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