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2022 Supreme(HP) 179

CHANDER BHUSAN BAROWALIA
Maneesh Son Of Shri Jai Chand – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocate Appeared:
For the Appellant :Mr. Kul Bhushan Khajuria, Advocate
For the Respondent:Mr. Shiv Pal Manhans, Addl. Advocate General, Mr. Yudhbir Singh Thakur And Mr. Bhupinder Singh Thakur, Deputy Advocates General, Asi Kuldeep Singh

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.114 of 2022 dated 3.4.2022, under Sections 376, 354-D of the Indian Penal Code and Section 6 of the Protection from Children from Sexual Offence Act, 2012, registered at Police Station Sadar, District Chamba, 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 permanent resident of the place 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 sending 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 3.4.2022, victim/prosecutrix informed the police that she became friend of the petitioner in September, 2021 and the petitioner started talking to her on her mother’s cellphone. He used to meet her in the forest area beside her house. On the pretext of marriage, the petitioner committed sexual intercourse with her on several occasions without her consent. During the cours

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