Narayan Singh vs State

Meena V. Gomber, J.—Heard learned Counsel for the petitioner Narayan Singh as well as learned Public Prosecutor for the State and perused the relevant documents placed before me.

Learned Counsel for the petitioner drew my attention to the injury reports of uda Ram and vidhyadhar stating that four injuries found on the body of vidhyadhar and two on the body of uda Ram were simple and blunt.

Contention of learned Counsel for the petitioner is that this Court vide its earlier order dated 31.5.2010, granted liberty to the petitioner to file fresh bail application after filing of challan and since the challan has now been filed, hence this second bail application.

Learned Counsel, drawing my attention to the facts of the case as alleged by the complainant, argued that the complainant story is that the accused persons entered his house, therefore, the house cannot be said to be a place within public view and therefore the provisions of Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act cannot be said to be attracted. Besides that other offences under Sections 143, 323, 452 and 325 IPC are triable by Magistrate.

Considered the arguments.

As per injury reports produced, there are two injuries on the person of uda Ram and four injuries on the person of vidhyadhar. Out of them, injuries No. 2 to 4 of vidhyadhar have been reported to be simple and blunt. In the same manner, two injuries on the body of uda Ram are simple and blunt; whereas injury no. l on left elbow showing the bruises, and swelling on vidhyadhar was advised x-Ray. However, x-Ray is not before me. The Coordinate Bench of this Court has already enlarged the other co-accused of this case vide order dated 19.7.2010. Challan has already been filed and trial of the case is likely to take considerable time.

Considering the rival submissions and without expressing any opinion on the merits and demerits of this case, I am of the view that the petitioner should be enlarged on bail during trial.

Resultantly, the second bail application u/s 439 Cr.P.C. is allowed and it is directed that the petitioner Narayan Singh s/o Ram Pratap Singh shall be released on bail in FIR No. 18/2010 of P.S. Fatehpur Sadar, District Sikar on his furnishing a personal bond in the sum of Rs. 30,000/- together with two sureties in the sum of Rs. 15,000/- each to the satisfaction of the trial Court for his appearance before that Court on all dates of hearing and as and when called upon to do so till conclusion of the trial.