Heard learned Counsel for the applicant, learned A.G.A. and perused the record.
This is third bail application. The first bail application of the applicant was rejected on merit on 14.02.2014 and the second bail application of the applicant was dismissed for non-prosecution on 17.08.2015 by other Benches of this Court.
Learned counsel for the applicant submits that wife of applicant namely Amrita has lodged an F.I.R. against the father-in-law of victim namely Kali Charan and one another Omkar on 03.05.2013, under Sections 376, 323, 504 I.P.C. and in counterblast, this false F.I.R. has been lodged by the victim against the applicant, his real son Pawan Kumar and two other co-accused who are real brothers. The victim has made false allegation of rape against the applicant and co-accused Nanda in her statement recorded under Section 164 Cr.P.C. The prosecution story is not believable and probable. The medical report also does not corroborate the prosecution version. The co-accused Nanda having identical role has already been granted bail by another Bench of this Court vide order dated 13.04.2015, therefore, the applicant is also entitled for bail on the ground of parity. There is no criminal history of the applicant and he is in jail since 31.08.2013.
Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the fact that co-accused Nanda having identical role has already been released on bail.
Having given my thoughtful consideration to the submission of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Bateshwar involved in Case Crime No. 126 of 2013, Under Sections 323, 506, 452, 376, 504 I.P.C., Police Station Pisawan, District Sitapur, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 1.3.2016 Jitendra