IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. IInd Bail Appl. No. 205/2010 Sita Ram VS. State of Rajasthan Dated : 22.01.2010 HON'BLE MR. MAHESH BHAGWATI,J. Mr. Ravi Kasliwal, for the petitioner. Mr. Amit Punia, P.P. for the State. Mr. GS Sharma for the complainant. This order governs the disposal of second bail application filed under Section 439 of Cr.P.C. by Shri Ravi Kaslilwal, Advocate on behalf of the applicant Sita Ram pertaining to F.I.R. No. 407/2009 of police station Bandikui, District Dausa, in the offences under Sections 323, 354, 452, 325, 308 r/w 34 of IPC and u/s 3(1)(10)(7) SC/ST (P.A) Act. 2. Heard the learned counsel for the petitioner, learned counsel for the comaplainant as also learned Public Prosecutor for the State and perused the material on record. 3. Learned counsel for the petitioner has canvassed he has been in judicial custody for the last six months. In order to further its version, the prosecution has examined six witnesses, and many of the other prosecution witnesses are yet to be examined, which is likely to take time. So far as the grievous injury -2- caused to injured Kishori on his temporal region is concerned, this injury has been ascribed to the accused Vijay Singh, who has been still in custody. Kishori no where in his statements of under Section 161 of Cr.P.C. stated that any injury was caused to him by the petitioner Sita Ram. Co-accused Bheem Singh has already been enlarged on bail by this Court. Though, a distinction was drawn earlier while deciding the first bail petition of the petitioner between the co-accused Bheem Singh and the petitioner on the ground that the petitioner is a habitual offender and he has already been convicted in one murder case by the Court of Sessions. Apart that one more case under Section 504 of IPC was pending against him. The case pending before the Magistrate in the offence under Section 504 of IPC has been decided and he has been acquitted. So far as the conviction under Section 302 of IPC is concerned, the appeal has been pending before the High Court. The main accused of this case is Vijay Singh, who caused the injury on the temporal region of injured Kishori, hence, the petitioner may be granted indulgence of bail. 4. Learned Public Prosecutor appearing for the State as also learned counsel for the complainant have opposed the bail petition scathing that the petitioner is a habitual offender and -3- earlier he was convicted under Section 302 of IPC and thereafter many complaints were registered against him under Section 107 and 151 of Cr.P.C and in case the bail is granted to him, he will again pose a threat to peace and safety of the complainant party, hence, his bail should be dismissed. 5. Having considered the submissions made at the bar and perused the relevant material including the proseuction witnesses examined by the learned trial Court, it is noticed that PW/5 Rajesh Kumar Bairwa has stated that the petitioner Sita Ram assaulted on the scapular region of Kishori. This witness has also not stated that any life threatening injury was caused by the petitioner to the injured Kishori or to any other injured. Two injured persons namely Dhan Bai and Ramhet are found to have sustained simple injuries, hence, in view of the changed fact situation, I, without expressing any opinion on the merits of the case, do feel just and proper to grant bail to the petitioner and his second bail petition is ordered to be allowed. 6. It is, therefore, ordered that the accused petitioner Sita Ram S/o Shri Laxmi Narain in F.I.R. No. 407/2009 of police station Bandikui, District Dausa, shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- -4- together with two surety bonds each of Rs.25,000/- to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court on all dates of hearing and as and when called upon to do so till the trial is concluded. 7. However, it is made very clear that in case the petitioner is found involved or arrested in any other criminal case in future or poses any threat to the peace and safety of the complainant, the bail granted to him shall stand automatically cancelled without further reference to the court. 8. A copy of this order be sent to the concerned Court as also to the concerned Police Station. (MAHESH BHAGWATI)J. Pcg