Shashi Kant Gupta, J. - (1.) SUPPLEMENTARY affidavit filed today is taken on record. Heard learned counsel for the applicants, learned A.G.A. and perused the record.
(2.) IT is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated. He further submits that the applicant no.1 and 2 are real brothers. He further submits that the prosecutrix is the wife of the cousin of the applicants (as such she happens to be the bhabhi of the applicants). He further submits that initially the FIR was lodged against the applicants and their father Braj Bihari of committing rape upon the prosecutrix. He further submits that in the statement recorded under Section 161 Cr.P.C., similar allegation was made against them, however, later on in her statement recorded under Section 164 Cr.P.C., she has not made any allegation against the father of the applicants and only allegation was made against applicants. He further submits that prosecutrix is a married lady aged about 30 years. He further submits that on account of family dispute with regard to property, civil suit is pending between the parties. There is material contradiction in the statement of prosecutrix recorded u/s 161 Cr.P.C. and 164 Cr.P.C. which creates doubt about the credibility and trustworthiness of the prosecution story. He further submits that false, frivolous and unbelievable story was set up by the applicant. He further submits that the applicants have not committed the offence as alleged by the prosecution and the present prosecution has been launched maliciously just to harass, victimise and exert undue pressure on them since civil dispute is pending between the parties. The applicant is in jail since 2.11.2011. Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
(3.) LET the applicants Nand Kishor and Roop Kishor involved in Case Crime No.977 of 2011, under Sections 376, 356, 506 I.P.C., P.S. Milak, district Rampur 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: - (i)The applicants will not tamper with the evidence during the trial. (ii) The applicants will not pressurise/ intimidate the prosecution witness. (iii)The applicants will appear before the trial court on the date fixed. (iv)The applicants shall report to the police station concerned in the first week of each month to show his good conduct and behavior. In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.;