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2024 Supreme(HP) 50

RANJAN SHARMA
Balwant Singh – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Mohit Thakur, Advocate.
For the Respondent: Mr. Prashant Sen

JUDGMENT :

Ranjan Sharma, J.

The bail petitioner [Balwant Singh] has come up before this Court seeking pre-arrest bail, under Section 438 of the Code of Criminal Procedure [hereinafter referred to as ‘Cr.P.C.’] originating from the FIR No.0027, dated 25.02.2023, registered under Section 447, 379 read with Section 34 of the Indian Penal Code [hereinafter referred to as ‘IPC’] with Police Station Bhoranj, District Hamirpur [H.P.].

2. The case as set up by Mr. Mohit Thakur, learned counsel is that the false complaint was made by one Sh. Dharam Chand allegedly felling of trees from the Government land and the status of the said land is in dispute qua its ownership and possession also. It is also averred that the petitioner is a pensioner, suffering from heart ailment and is 76 years of age. It is also averred that the petitioner had never trespassed into the aforesaid land. The petitioner has given the undertaking in the bail application that the petitioner is ready to join the investigation and shall not tamper with the witnesses or the evidence in any manner. It is also averred that FIR No.0027, dated 25.02.2023, was registered about a year back and since then the petitioner has never b

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