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2022 Supreme(HP) 211

CHANDER BHUSAN BAROWALIA
Yogesh Kumar S/O Sh. Ganga Ram – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. H.S. Rangra, Advocate
For the Respondent:Mr. Shiv Pal Manhans, Addl. Advocate General, Mr. Yudhbir Singh Thakur, Deputy Advocate General, SI Raj Kumar, P.S. Karsog, District Mandi

ORDER :

Chander Bhusan Barowalia, J.

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.24/2022 dated 14.3.2022, under Section 376 (2), 506 of the Indian Penal Code and Section 6 of the Protection from Children from Sexual Offence Act, 2012, registered at Police Station Karsog, 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. 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 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 14.3.2022, the victim made a statement before the police, under Section 154 Cr. P.C alleging therein that she is studying in 11th Class and was residing in the house of her maternal grand parents. She knew the petitioner for the last more than one year and they started talking and meeting with each other. On 28.12.2021 around 9:00 p.m., when she

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