Naresh Gangwar @ Vikas Patel vs State Of Uttarakhand

Alok Mahra, J

Applicant Naresh Gangwar @ Vikas Patel, who is in judicial custody in Case Crime/ FIR No.230 of 2024, under Section 64 (1) of B.N.S. and under Sections 3/4 of POCSO Act, P. S. Sitarganj, District Udham Singh Nagar, has sought his release on bail.

Heard learned counsel for the parties and perused the material available on record.

Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the instant case; that, applicant has no criminal history and; he is languishing in jail since 15.08.2024. He would further submit that victim was not recovered from the possession of the accused; that, during the investigation, the statements of the complainant were recorded under Section 180 of B.N.S.S. whereby she had stated a completely modified version, which was not in consonance with the version narrated by her in the FIR; that, as per the medical report conducted at C.H.C., Sitarganj, no injury either internal or external was found on the body of the victim, which creates doubt on the prosecution version.

Learned counsel for the applicant would further submit that the victim and the applicant were in a romantic relationship and wanted to marry with each other, however, when the complainant knew about the said relationship, the FIR was lodged against the applicant with a malafide intention. Hence, the applicant is entitled to bail.

Learned D.A.G. appearing for the State vehemently opposed the bail application, however, he would fairly submit that the FIR is delayed one.

In view of the above, but, without expressing any opinion about merits of the case before the Trial Court, this Court is of the view that this is a fit case for bail.

The bail application is thus, allowed and the applicant is directed to be released on bail on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned.