NARESH GANGWAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

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

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

(3.) 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 15/8/2024. 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 Sec. 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.