- (1.) Heard Sri A. Kumar Srivastava, learned counsel for applicants- Chhote Lal and Vinod Kumar and the learned A.G.A on their prayer for bail in connection with Case Crime No.192/2014, under Sections 147/148/302 IPC, P.S. Lanka, Varanasi.
(2.) The case of the prosecution is that the deceased is suspected to be in a relationship with the daughter and sister of applicant nos. 1 & 2 respectively and in retaliation thereto, the alleged overt act was committed involving the applicants in a murderous assault of the husband of the informant.
(3.) It is submitted that it is a case of absolute false implication, inasmuch as the daughter and sister of applicant nos. 1 & 2 respectively, were subjected to alleged kidnapping / rape by the deceased, in respect of which prosecutrix lodged FIR as Case Crime No.197/2014, under Sections 363/366/376/323/504/506/342 IPC and 3(1)(X)) of SC/ST Act and 4 of the POCSO Act, P.S. Lanka Varanasi on 21.5.2014 at 15.30 PM in respect of occurrence dated 11.5.2014 and 19.5.2014, alleging that the deceased Munawwar allegedly sexually assaulted her and took her forcibly from the lawful custody of her parents to Gorakhpur and Padrauna and deserted her on 18.5.2014 at Banaras Bus Stand and thereafter fled from the scene, which was communicated to her brother telephonically, who came and rescued her. It is also alleged that again Munawwar arrived at the house of the prosecutrix armed with a Gandasa and forcibly tried to kidnap her to which she cried for help, neighbours arrived and the deceased inflicted self-injuries with help of Gandasa, but was taken to the hospital. Thereafter, the wife of the deceased lodged a false and fabricated FIR against the applicants on 19.5.2014. It is finally submitted that applicants have no previous criminal history and are in jail since 30.5.2014, trial is not likely to be concluded in the near future, they be released on bail.;