SHAMBHU Vs. STATE OF U P

JUDGEMENT

(1.) HEARD the learned counsel for the applicants, learned A.G.A. and perused record. The applicants are involved in Case Crime No.16 of 2001, under Section 376 I.P.C., Police Station Maigalganj, District Lakhimpur Kheri. It is submitted on behalf of the applicants that though the F.I.R. of this case was under Sections 376, 452, 342, 506 I.P.C. but after investigation the charge-sheet was submitted only under Sections 452, 323, 504 I.P.C. and the applicants obtained bail under those sections. Subsequently on the basis of ocular evidence comprising some of the witnesses the applicant was summoned under Section 376 I.P.C. and being a law abiding citizen he sought bail from the court below itself. But it was refused, hence this bail application. It is said that under the remaining sections they have not misused their bail till date and it is a case of only an enhancement of one section. There is no criminal history against them. The bail is however, opposed by learned A.G.A. The points pertaining to nature of accusation, danger of accused absconding or fleeing if released on bail, character, behaviour and position of the accused, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered. In view of the aforesaid facts and circumstances and without entering into the merits of the case and also having regard to the submission made hereinabove, I find it to be a fit case for granting bail. Let the applicants (Shambhu, Bahadur, Ori Lal and Kalika @ Kaloo) be enlarged on bail on their furnishing personal bonds and two sureties each in the like amount to the satisfaction of the Magistrate/court concerned.