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Judgment
Subhash Vidyarthi, J
Heard Sri Pravin Kumar Singh, the learned counsel for the applicants as well as Sri Anurag Verma, the learned AGA-I for the State and perused the records.
The instant application has been filed by the applicants seeking anticipatory bail in FIR bearing Case Crime No. 220 of 2023, under Sections 328, 363, 366 & 376-D IPC, Police Station Chapiya, District Gonda.
The aforesaid case has been registered on the basis of an FIR lodged on 30.07.2023 alleging that the applicants had enticed away the informant's daughter aged about 16 years when she had gone to attend the call of nature at 10:00 a.m. on 27.07.2023.
In the affidavit filed in support of the application, it has been contended that the applicants are innocent and they have been falsely implicated in the present case for the reason that there is a dispute going on between the parties and earlier also an FIR bearing Case Crime No. 213 of 20221 was lodged against another brother of the applicants, on similar allegations.
Learned AGA has opposed the application and has produced a copy of the relevant extract of the case diary for perusal of the Court. The victim has supported the allegations in her statements recorded under Section 161 & 164 Cr.P.C. but the allegations could not be supported by the findings of the medico legal examination report of the victim. Further, as per the radiological examination report, the age of the victim has been opined to be between 18 to 19 years.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that there is an old animosity between the parties and a similar allegation was levelled against another brother of the applicants on an earlier occasion; that the allegations are not supported by the findings of the medico legal examination report, as per which the victim is major, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicants.
In view of the above, the anticipatory bail application of the applicants is allowed. In the event of arrest/ appearance of applicants-(i) Ram Piyare @ Piyare Lal and (ii) Suresh before the learned Trial Court in the aforesaid case, they shall be released on anticipatory bail on their furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court:
(i). That the applicants shall appear before the trial court on each date fixed, unless personal presence is exempted;
(ii). That the applicants shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence;
(iii). That the applicants shall not pressurize/ intimidate the prosecution witness.