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2021 Supreme(HP) 915

CHANDER BHUSAN BAROWALIA
Arun kumar, S/o Sh. Manohar Dass – Appellant
Versus
State of Himachal Pradesh Through Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SH. SANDEEP K. PANDEY, ADVOCATE
For the Respondent: SH. ARVIND SHARMA AND SH. BHARAT BHUSHAN, ADDL. AGS WITH SH. AMIT DHUMAL, DY. AG AND SH. MANOJ BAGGA, ASST. AG

ORDER :

1. The present 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. 09/2021, dated 19.02.2021, under Sections 363, 366A and 376 of IPC and Section 6 of POCSO Act, registered at Police Station Sangla, District Kinnaur, H.P.

2. As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. Further, 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 07.12.2020, the prosecutrix (name withheld) had gone to the inlaws’ house of her elder sister at Brua, wherefrom, she came back to her house on 10.12.2020. On 18.02.2021, the father of the prosecutrix came to know that when his daughter was at brua, the accused took her to his house, where he has committed sexual intercourse with her and in the morning hours dropped her back. On the basis of the complaint made by the complainant, initially, FIR No. 09/2

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