Sudhanshu Tyagi vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed for regular bail in connection with the First Information Report No. 442 of 2024, registered at police stat ion Bhagwanpur, District Haridwar.

The applicant Sudhanshu Tyagi is in judicial custody for the offence under Sections 379, 411, 465, 468, 471 and Section 34 of the Indian Penal Code, 1860.

The case of the prosecution is that a motorcycle (Registration No. UK1759612) of the informant was stolen on 01.06.2024. The First Information Report was lodged on 03.06.2024. The said motor cycle along with other motorcycles have been recovered from the possession of the present applicant and co-accused.

Heard Mr. Anuj Kumar Tyagi, learned counsel for the applicant and Mr. Pratiroop Pande, learned A.G.A. for the State.

Mr. Anuj Kumar Tyagi, Advocate, for the applicant, has contended that the applicant has been falsely implicated in the present matter. Nothing was recovered from his possession. He is not a previous convict. He is a permanent resident of District Saharanpur (Uttar Pradesh), therefore, there is no likelihood of his absconding. One co-accused has been granted bail by this Court. Charge-sheet has been filed by the Investigating Officer, therefore, there is no chance of tampering with the evidence, and, the applicant is in custody since 27.09.2024.

Mr. Pratiroop Pandey, A.G.A. has opposed the Bail Application orally.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, without expressing any opinion as to the merit of the case, this Court is of the view t hat t he applicant deserves bail at this stage.

The Bail Application is allowed.

Let the applicant – Sudhanshu Tyagi be released on bail on his executing personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.