JUDGMENT 1. - Heard learned counsel for the applicant as well as learned Public Prosecutor and learned counsel appearing for the complainant. 2. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court vide order dated 26.10.2010 and liberty was granted to the applicant to file a fresh bail application after filling of the challan. It is contended by learned counsel for the applicant that in this case, all other co-accused have been enlarged on bail. The applicant is in judicial custody since September, 2010. Further it is submitted that in this matter, for one incident, two cross FIRs were registered. The Police has filed challan under Sections 147, 148, 149, 341, 323, 336, 324, 325, 326, and 307 IPC against the applicant and against complainant party, under Sections 147, 148, 149, 341, 323, 324, 336 IPC. Learned Counsel for the applicant further submits that the main reason for occurrence is that earlier the allegation was levelled by the applicant that one Sattu Ram S/o Thakar Ram tried to outraged the modesty of Smt. Rameshwary wife of accused-applicant Jagram and this was the reason the occurrence. Further it is submitted that though the applicant and all his family members went to the police station but no FIR was registered because compromise has been arrived at between the parties. Later on, this occurrence took place due to the said enmity. Now, the allegation against the applicant is that he had inflicted one head injury upon the injured Jai Singh. Learned counsel for the applicant further submits that in the FIR filed by father of Jai Singh, it has specifically been stated that the said injury was caused by Naina Ram Whereas the injured, in his statement, stated that said injury was inflicted by the applicant upon his head. Further it is submitted that all co-accused have already been enlarged on bail and even if it is accepted that applicant had inflicted injury upon the head of injured Jai Singh, that too was inflicted in occurrence of free fight. Therefore, it cannot be said that applicant alone responsible for the incident took place because cross-case was also registered by the accused-party in this matter, in which challan has been filed. Further it is submitted by learned counsel for the applicant that the trial of the case will consume time.
Therefore, it cannot be said that applicant alone responsible for the incident took place because cross-case was also registered by the accused-party in this matter, in which challan has been filed. Further it is submitted by learned counsel for the applicant that the trial of the case will consume time. Therefore, the applicant may be enlarged on bail. 3. Learned Public Prosecutor as well as learned counsel appearing on behalf of the complainant vehemently opposed the prayer of bail and contended that the applicant has concocted the story with regard to the alleged incident outraging modesty of the applicant's wife. Further it is submitted no such FIR has been registered by the applicant. Therefore, it cannot be said that incident took place due to the said reason. Further it is submitted that in this case, challan has been filed after investigation and injury, which is inflicted upon the head of injured Jai Singh, is assigned to the applicant. Further it is submitted by learned counsel for the complainant that though challna has been filed against the complainant party but not for offence under Section 452 Indian Penal Code. Therefore, accused-applicant is not entitled to be released on bail. 4. Keeping in view all the facts and circumstances of the case so also the fact that in the instant case, the applicant has also received head injury though it is simple in nature, without expressing any opinion on the merits of the case, I consider it to be a fit case for grant of bail under Section 439 Criminal Procedure Code. 5. Accordingly, this second bail application is allowed and it is directed that applicant-Jagram @ Papu Ram S/o Girdhari Ram be released on bail provided he executes a personal bond in the sum of Rs. 20,000/- and two sureties of Rs. 10,000/- each to the satisfaction of the learned trial Court on usual conditions and shall appear before the trial Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.Bail Application Allowed. *******