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2023 DIGILAW 413 (RAJ)

Karan Singh v. State of Rajasthan Through PP

2023-02-04

CHANDRA KUMAR SONGARA

body2023
ORDER 1. This 4th bail application has been filed under Section 439 of Cr.P.C. in connection with FIR No. 67/2022 registered at Police Station Todabheem, District Karauli for the offences under Sections 323, 341, 447, 307 & 34 of IPC. 2. It is submitted by learned counsel for the petitioner that the first bail application of the petitioner was dismissed by this Court vide order dated 21.03.2022, however, the petitioner was given liberty to file afresh after filing of charge-sheet, the second bail application of the petitioner was also dismissed by this Court vide order dated 26.05.2022 as withdrawn, the third bail application of the petitioner was again dismissed by this Court vide order dated 13.01.2023 as withdrawn with liberty to file afresh after recording the statement of Medical Officer-Dr. Mahesh Kumar. Counsel further submits that the petitioner is behind the bars since long and he has criminal antecedents of two cases in which he is on bail. As per Parcha Bayan and police statement of Geeta Devi, Karan and Birju inflicted injury on her head with ’lathi’ and ’danda’. As per injury and X-ray reports of injured Geeta Devi, she got six injuries, out of which, injury No.1 which is grievous in nature, is on her skull and as per Medical Officer’s report dated 02.03.2022, X-ray of scalp shows fracture of left temporal and left parietal bone. 3. During the course of trial, statements of injured-Geeta Devi and Medical Officer-Dr. Mahesh Kumar have been recorded as PW-1 and PW-2 respectively. Before trial, PW-1 Geeta Devi in her statement, has stated that Karan inflicted injury on her head and then Birju inflicted injury on the same place. Counsel further submits that as per statement of PW-2 Dr. Mahesh Kumar, who examined the injuries of injured-Geeta Devi and also gave his testimony with regard to injury report Ex.2, X-ray report (Ex.4) and X-ray plate (Ex.5 & 6) stated in his chief-in-examination that as per injury and X-ray reports, injury No.1 was found to be grievous in nature and further stated that injury No.1 was not sufficient to cause death. Hence, the accused-petitioner may be released on bail. Learned Public Prosecutor has opposed the bail application. Heard and perused the material available on record. 4. Considering the submissions made by learned counsel for the petitioner as well as statement of PW-2-Medical Officer Dr. Hence, the accused-petitioner may be released on bail. Learned Public Prosecutor has opposed the bail application. Heard and perused the material available on record. 4. Considering the submissions made by learned counsel for the petitioner as well as statement of PW-2-Medical Officer Dr. Mahesh Kumar and taking into consideration overall facts and circumstances of the case but without expressing any opinion on the merits/demerits of the case, this Court deems it just and proper to enlarge the petitioner on bail. 5. Accordingly, the 4th bail application under Section 439 of Cr.P.C. is allowed and it is ordered that the accused-petitioner Karan Singh S/o Sawaliya Ram shall be enlarged on bail; provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing and as and when called upon to do so.