Heard learned Counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant submits that the F.I.R. of the alleged incident has been lodged on the basis of application moved under Section 156 (3) Cr.P.C. The victim is a married lady aged about 37 years having three children. It has further been submitted that the applicant has not committed the alleged offence. False allegation has been made by the victim against applicant. Prior to the alleged incident an application under Section 156 (3) Cr.P.C. was also moved by the victim against other person namely Ramdas making allegation of rape against him and the same was treated as complaint. It has further been submitted that false story has been concocted by the victim. The prosecution story is not probable and believable. The medical report also does not corroborate the prosecution version. There is no independent witness of the alleged incident. There is no criminal history of the applicant and he is in jail since 13.08.2015.
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 applicant Labedi Prasad Soni involved in Case Crime No.311 of 2015, Under Sections 376, 506 I.P.C., Police Station Sadullanagar, District Balrampur, 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 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 :- 29.1.2016 Jitendra