JUDGMENT
1. The present appeal has been listed before us today for consideration of the prayer for bail of the appellants Shravan Kumar and Satyawan.
2. It would appear from the record that the above appeal has been preferred against the judgment and order passed by Sri J.K.Tiwari Addl. District and Sessions Judge Gorakhpur In S.T. No. 50 of 2003 wherein the appellants have been convicted under Section 302/34 I.P.C. and sentenced to undergo Life Imprisonment and a fine in the sum of Rs. 5000/- each. They have been further convicted under Section 452 I.P.C. and sentenced to under go R.I. for three years and a fine in the sum of Rs. 2000/-.
3. The prosecution case as unfolded in the F.I.R. on 12.7.2002, the deceased namely Anju aged about 10 years daughter of informant namely Nithuri Gupta had gone to fetch water from the hand pump installed within the boundary of her house, the accused persons including the appellants, who were inimical terms, caught hold of the deceased and murdered her.
4. TheLearned Counsel for the appellant began his submission stating that other co-accused namely, Ganesha Devi amd Ram Basant have already been admitted to bail by this Court. Dwelling on intrinsic infirmities in the prosecution case, theLearned Counsel argued that the F.I.R. is belated and there is proximate motive for falsely implicating the accused persons. He also drew attention to the fact that two of the witnesses turned hostile in the course of trial.
5. In all six witnesses have been examined by the trial court out of whom Rajesh P.W.2 and Gauri Shanker P.W.3 turned hostile. The learned Sessions Judge relying upon the testimonies of ocular witnesses namely P.W. 1 Nithuri Gupta and P.W. 4 Smt. Sewati Devi recorded conviction against the appellants.
6. Considering the facts and circumstances in all ramifications, ex facie we are of the view that there are materials on record leaning in favour of admitting the appellants to bail. We are also of the view that the interest of justice would be best served if the appellants are admitted to bail. The appellants were on bail pending trial and there is nothing on record to show that they ever abused the liberty.
7. In the facts and circumstances of the case, it is ordered that the appellants namely Shravan Kumar and Satyawan convicted in S.T. No. 50 of 2003 be enlarged on bail pending appeal on each of them furnishing bonds and sureties to the satisfaction of the court below. It is further ordered that in the meanwhile realization of fine shall also remain stayed.