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2022 Supreme(HP) 451

CHANDER BHUSAN BAROWALIA
Jyoti Parkash, S/o Sh. Jai Chand – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Sanjay Jaswal, Advocate.
For the Respondent: Mr. Arvind Sharma, Addl. AG With Mr. Kamal Kishore Sharma And Mr. Gaurav Sharma, Dy. AGS

ORDER :

The instant 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. 127/2022, dated 23.04.2022, under Sections 363, 366­A, 376 of IPC and Sections 6 and 17 of POCSO Act, registered at Police Station Nurpur, 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 resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so he be released on bail.

3. Police report stands filed. As per the prosecution story, on 23.04.2022, father of the prosecutrix made a complaint to the police, alleging therein that on 04.04.2022, around 12:00/12:30 p.m., the prosecutrix went to close her ATM account in the bank at Sadwan, however, when she did not return from the bank, he started searching her at his own level, but she could not be traced. On 18.04.2022, the prosecutrix made a telephonic call to the complainant and told him not to worry about her, as she is in Chandigarh with the petitioner. As per the allegations made in the complai

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