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2022 Supreme(HP) 411

CHANDER BHUSAN BAROWALIA
Vikram Singh S/o Bodh Raj – Appellant
Versus
State Of Himachal Pradesh Through Secretary (Home) To The Government Of Himachal Pradesh – Respondent


Advocate Appeared:
For the Appellant :Mr. Ravi Kant Kaushal And Mr. Aditya Kaushal, Advocates
For the Respondent:Mr. Arvind Sharma, Addl. Advocate General, Mr. Gaurav Sharma And Mr. Kamal Kishore Sharma, Dy. Advocates General, Asi Bhupi Ram, P.S. Gaggal

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.42/2022 dated 7.5.2022, under Sections 354 (C), 376, 377, 506 and 201 of the Indian Penal Code and Section 3 (2) (V) of the SC & ST Act, registered at Police Station Gaggal, 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. 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 7.5.2022, the prosecutrix recorded her statement, under Section 154 Cr.P.C at Women Police Station, Dharamshala, wherein she has stated that she is graduate in B. Com Honours. In the year 2021, she came in contact of the petitioner through facebook and after that they disclosed their mobile phone numbers to each other and started talking to each other. On his insistence, she went to meet h

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