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2022 Supreme(HP) 284

CHANDER BHUSAN BAROWALIA
Satish Kumar S/o Charan Dass – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocate Appeared:
For the Petitioner:Mr. N.K. Thakur, Sr. Advocate, With M/S. Divya Raj Singh & Karan Veer Singh Advocates.
For the Respondent:Mr. Shiv Pal Manhans, Additional Advocate General With M/s Yudhvir Singh Thakur & Bhupinder Thakur, Dy. Advocates General, ASI Kuldeep Kumar P.S. Sadar, Una, Distt. Una.

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. 22 of 2019, dated 06.07.2019, under Sections 376, 201 IPC and Sections 6, 17 and 21 of the POCSO Act, registered at Women Police Station Una, District Una, 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 neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, as he is permanent resident of the place. 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 05.07.2019 police were informed telephonically from Regional Hospital, Una, where the victim (name withheld), a minor girl, was brought for the treatment. Complainant, Kewal Kumar, father of the victim got recorded his statement under Section 154 Cr.P.C., wherein he stated that his marriage took place in the year 2008, according to Hindu rites and customs with Anjana Devi. Two daughters are born out of their wedlock,

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