Heard learned Counsel for the applicants, learned A.G.A. and perused the record.
Learned counsel for the applicants submits that the first marriage of the victim was solemnized with one Riyasat @ Koyley, after his death the victim solemnized her second marriage with Dadau who also died and thereafter she solemnized her third marriage with Jumai, who also died. Thereafter the victim is living with one Siraj. There is enmity in between the applicants and Siraj. The applicant no.2 has filed a complaint case against Siraj and two others which is pending and NCR was also lodged by the father of applicant no.2 against Siraj and two others due to which on the saying of Siraj the victim has lodged this false F.I.R. against the applicants. The applicants have not committed the alleged offence. There are material contradictions in the statement of victim recorded under Sections 161 & 164 Cr.P.C. The medical report also does not corroborate the prosecution version. The prosecution story is not believable. There is no criminal history of the applicants and they are in jail since 02.09.2015.
Per contra, learned A.G.A. opposed the prayer for 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 applicants Bhikhu Chamar and Ali Hussain involved in Case Crime No. 376 of 2015, Under Sections 376-D, 323, 506 IPC, Police Station Khargoopur, District Gonda, be released on bail on their 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 applicants will not tamper with the evidence.
2. The applicants will not pressurize/intimidate the prosecution witnesses and cooperate with the trial.
3. The applicants 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 applicants.
Order Date :- 29.2.2016 Jitendra