PRADEEP KUMAR Vs. STATE OF HIMACHAL PRADESH
LAWS(HPH)-2021-3-58
HIGH COURT OF HIMACHAL PRADESH
Decided on March 25,2021

PRADEEP KUMAR Appellant
VERSUS
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

Chander Bhusan Barowalia,J. - (1.) 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. 5 of 2020, dated 30.01.2020, under Sections 20, 25 and 29 of the ND & PS Act, registered in Police Station State CID, Bharari Shimla, 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 District Mandi, Himachal Pradesh, 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.) At the very outset it is pertinent to mention that the present petition is second attempt, within a span of 4-5 months, of the petitioner seeking bail. Earlier on 02.11.2020 this Court dismissed his bail application (Cr.MP(M) No. 1724 of 2020).;


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