Full Judgment
2. Heard the learned counsel for the applicants, learned A.G.A. for the State and perused the record.
3. Learned counsel for the applicants pointed out that according to the averments of the F.I.R., the applicants and their associates, including two women, set the house of Ramzan on fire as a result thereof his three daughters, aged about 24,16 and 10 years and a six months old son of one Guddu died of burns.
4. The submissions of the learned counsel for the applicants are that the dead bodies of all the four persons are said to have been found on a wooden Takhat but it is highly improbable that none of the deceased girls, as a natural impulse, tried to save themselves or to save the infant from the fire and all of them died silently at one Takhat. It is also submitted that the postmortem reports of the deceased persons show the presence of superficial to deep burn injuries on almost all over the body of the dead persons and this circumstance makes the prosecution story unbelievable as such injuries could have occurred only when either the deceased had set himself on fire or he was set on fire by someone else with the help of any inflammable substance and such injuries could not be caused from the fire of the burning house.
5. The I.O. of the case was called upon to explain as to how the fire, which was allegedly lit to the thatch put on the outer side of the walls of the house, was found to have reached inside the room where the deceased were said to be sleeping and was there any circumstance which had prevented the deceased persons to save themselves. The I.O., however, could not explain the above circumstances.
6. It is also submitted that the alleged eye witnesses of the incident have said that they had seen the applicants and other persons running in the light of the fire and as such they could not see the applicants igniting the fire. It is also pointed out that the I.O. has not shown, in the site plan of the place of occurrence, the place where the fire was lit by any of the miscreants.
7. Learned A.G.A., however, opposed the bail. Considering the above circumstances of the case and looking to the circumstance that all the dead bodies were found on one Takhat, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie satisfaction regarding proposed evidence and genuineness of the prosecution case, the applicants appear entitled to bail.
8. The application is, accordingly, allowed.
9. Let applicants Iqbal, Riyasat and Dhangu involved in Case Crime No. 93 of 2010, under sections 436 and 304 I.P.C. Police Station- Gauriganj, DistrictSultanpur, be enlarged on bail on their executing personal bonds and furnishing two sureties each in the like amount to the satisfaction of the Court concerned.