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2023 Supreme(HP) 482

VIVEK SINGH THAKUR
Inder Dev – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the Petitioner: Ms. Kanta Thakur.
For the Respondent:Mr. Manoj Chauhan, Additional Advocate General.

JUDGMENT :

Vivek Singh Thakur, J.

Petitioner has approached this Court under Section 439 of the Code of Criminal Procedure (for short Cr.P.C.) seeking bail in case FIR No. 239 of 2021, dated 26.8.2021, registered in Police Station Kullu, District Kullu, Himachal Pradesh, under Sections 302, 307, 323, 325, 326, 201, 147, 148, 149, 440, 354, 354-B, 109 and 34 of the Indian Penal Code (for short ‘IPC’), Section 25 of Arms Act and Sections 3(1)(r), (s), (w) & 3 (2)(va) of Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989 (herein after referred to as SC&ST Act).

2. Status Report stands filed. Record was also made available along with CCTV Footage of Café Waters Edge, being relied upon by the prosecution for identification of accused and other persons. Petitioner has also placed on record Pen Drive with claim that it contained CCTV Footage relied upon by the State with further submission that said CCTV Footage shall demonstrate that petitioner was not involved in commission of offence and thus entitled for bail.

3. Prosecution case is that on 25.8.2021 at about 7:30 P.M. an information was received in Police Station, Kullu that at near Saeubag at Chhururu, some mishap

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