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1995 DIGILAW 157 (RAJ)

Sohan Singh v. State of Rajasthan

1995-02-10

RAJENDRA SAXENA

body1995
JUDGMENT 1. - Heard. Perused the case diary and the relevant record. 2. Petitioner Sohan Singh, who was the S.H.O., Police Station, Barmer Sadar at the time of the alleged incident, has submitted a photostat copy of his application dated 12.12.1994. A perusal thereof indicates that he appeared before the I.O., S.P., C.B.I., Jodhpur, in this case for interrogation on 13.12.1994. From the statement of victim Jugta Ram, it appears that his penis was cut & severed by Kishan Singh with the assistance of Sumer Dan. The allegation against the petitioner is that he entered into a criminal conspiracy along with Bheru Singh. It is further alleged that Bheru Singh's wife Smt. Gaj Kanwar had illicit relations with Jugta Ram and that to teach a lesson to the latter he was illegally confined to Police Station, Sadar, Barmer and that in the barracks of the Police Station his penis was cut off. From the evidence collected by the I.O., it does not appear that the petitioner Sohan Singh was present at the time of the alleged incident. I have perused the statements of Nar Singh, Hanumant Ram, Shyam Lal, Constable and the police statement of other witnesses. 3. Co-accused Bheru Singh and Sumer Dan have already been granted bail under section 439, Cr.P.C. by this Court's order dated 25.7.94 passed in S.B. Cr. Misc. Bail Petition No. 2224/94. 4. Keeping in view all the facts and circumstances of this case, I feel that it will be just and proper to grant bail to the petitioner. 5. Accordingly this petition is allowed and it is ordered that in the event of his arrest in Case No. RC No. 3(s)/94 SPE/CBI, Jodhpur, petitioner Sohan Singh be released on bail provided he executes his personal bond for a sum of Rs. 10,000/- (Rs. ten thousand) and furnishes two sound and substantial sureties for a sum of Rs. 5,000/- each to the satisfaction I.O./A.O. of the SPE, C.B.I., Jodhpur with the following conditions: 1. that he shall make himself available for interrogation by the I.O./A.O. as and when required; 2. that he 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. *******