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2022 Supreme(Online)(HP) 162

HIGH COURT OF HIMACHAL PRADESH
Satyen Vaidya, J
Hukam Singh – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
For the Appellants/Petitioners: N.S. Chandel, Ashok K. Tyagi
For the Respondents: Sumesh Raj, Narinder Guleria, Kunal Thakur

Table of Content
1. accusation and context of bail application (Para 1 , 3 , 5 , 8)
2. grounds for bail petition and response from the state (Para 2 , 4 , 6 , 7 , 9)
3. court's evaluation of legality for bail applications (Para 10 , 11 , 12 , 13)
4. legal reasoning for dismissal of bail petition (Para 14)

ORDER

Petitioner is an accused in case FIR No. 13/2021, dated 30.01.2021, registered at Police Station Majra, Tehsil Paonta Sahib, District Sirmour, H.P., under Sections 363 , 366-A, 376 of IPC, Section 4 of POCSO Act and Section 5 , 7 of the Immoral Traffic (Prevention) Act , 1956.

2. Petitioner is in custody since 28.02.2021.

3. Petitioner has approached this Court for grant of bail under Section 439 of the Code of Criminal Procedure in the above noted case, on the grounds that false case has been foisted against him. He is not involved in any offence much less the offence alleged against him. He has no past criminal history. There is no legal evidence against the petitioner to establish a prima-facie case against him.

4. It has further been contended on behalf of the petitioner that earlier also, he filed the bail petition before this Court, which was registered as Cr.MP(M) No. 793 of

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