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2022 Supreme(HP) 21

CHANDER BHUSAN BAROWALIA
Vishal Kumar, S/o. Sh. Ranjeet Singh – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the Petitioner:Sh. Ankush Dass Sood, Sr. Advocate with Sh. Gaurav Bhardwaj.
For the Respondent: Sh. Shiv Pal Manhans, Addl. AG With Sh. Bhupinder Thakur And Sh. Yudhvir Singh Thakur, DY. AGS.

ORDER :

The present bail application under Section 439 of the Code of Criminal Procedure has been maintained by the petitioner for grant of bail in case FIR No. 421/2021, dated 23.12.2021, under Sections 294, 354-D, 355, 506 of IPC and Section 12 of POCSO Act, registered in Police Station Balh, District Mandi, 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, the petitioner is permanent resident of District Mandi 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 23.12.2021, the prosecutrix made a complaint against the petitioner, wherein it has been alleged that she is a student of 10+1 in Hatgarh School, which is at a distance of 3 Kms from her house. She further alleged that last year when schools were closed on account of lockdown, the petitioner used to make calls on her mother’s mobile, compelling the prosecutrix to talk to him, but when mother of the prosec

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