Supplementary affidavit filed today be kept on record.
Heard learned counsel for the applicants and learned AGA.
It has been contended by learned counsel for the applicants that there is cross version of the incident from both the sides. FIRs have been registered and both sides have sustained injuries. The prosecution has not come with clean hands. It is very difficult to decide as to which of the side was aggressor. The applicants are in jail since long.
The aforesaid factual position is not disputed by the learned AGA.
Considering the nature of submissions made by learned counsel for the applicants, this Court is of the view that the applicants are entitled to be enlarged on bail during the pendency of the trial.
Let the applicants Gauri Shankar Kewat and Ram Dyan Kewat involved in case crime no. 133/2010, under Sections 147, 323, 308, 504, 506 I.P.C. and 3(1)X SC/ST Act, P.S. Kotwali Hatha, District Kushi Nagar be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicants shall record their attendance before the concerned C.J.M. on the 7th day of every month.
2. The applicants shall not tamper with the prosecution evidence.
3. The applicants shall co-operate in the early conclusion of the trial and will not seek any unnecessary adjournments.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 16.6.2010 AKG/-