Yogesh Thwal 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 under Sections 127(2), 142, Section 74 of the Bharatiya Nyaya Sanhita, 2023 and Section 7 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012 in connection with the Case Crime No. 27 of 2024, registered at Kotwali Champawat, District Champawat.

The First Information Report was lodged by the brother of the victim against the present applicant and two other co-accused. The victim, aged about 17 years (PW1), has been examined by the prosecution. She has not supported the case of the prosecution. She has been declared hostile.

Heard Mr. B.S. Koranga, learned counsel for the applicant and Mrs. Manisha Rana Singh, learned AGA for the State.

Mr. B.S. Koranga, Advocate, for the applicant submitted that the applicant has been falsely implicated in the present matter. He is in custody since 02.07.2024. He is not a previous convict, and, he is a permanent resident of District Champawat, therefore, there is no chance of his absconding.

Mrs. Manisha Rana Singh, AGA has also conceded that the applicant is not a previous convict.

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 that the applicant deserves bail at this stage.

The Bail Application is allowed.

Let the applicant – Yogesh Thwal 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.