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2021 Supreme(HP) 948

CHANDER BHUSAN BAROWALIA
Pankaj Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. Anjali Soni Verma, Advocate.
For the Respondent: Mr. S.C. Sharma and Mr. P.K. Bhatti, Adv

JUDGMENT :

Chander Bhusan Barowalia, J.

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. 07/2021, dated 12.01.2021, under Sections 452, 376(1) and 506 of Indian Penal Code, registered at Police Station Baijnath, District Kangra, 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 permanent resident of Himachal Pradesh 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 12.01.2021, the prosecutrix (name withheld) along with her husband went to Police Station, Baijnath and reported that her husband works in a private company at Nalagarh, whereas, she reside with her two children. For their daily expenditure, her husband has given ATM Card to her. The prosecutrix does not know how to operate ATM Card and as such, she used to take the petitioner for withdrawal o

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