Counter affidavit filed by learned A.G.A. and rejoinder affidavit filed on behalf of applicant be taken on record.
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. against applicant and his real brother Ramesh Lonia making false allegation of rape. It has further been submitted that the medical report does not corroborate the prosecution version. Both the accused are real brother. They have falsely been implicated in the present case due to land dispute. The prosecution story is not believable and probable. The statements of victim recorded under Sections 161 & 164 Cr.P.C. are not believable. At the time of medical examination no mark of injury has been found on the person of the victim. There is no independent witness of the alleged incident. It has further been submitted that the victim is a married lady aged about 26 years having two children. There is no criminal history of the applicant and he is in jail since 27.9.2015.
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 Rajendra Lonia involved in Case Crime No.28 of 2015, Under Sections 452, 376, 504, 506 IPC, Police Station Mahila Thana, District Gonda, 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 :- 11.1.2016 Jitendra