Narsing Dan Son of Ranidan vs State of Rajasthan

Accused-petitioner Narsing Dan has made this second attempt for seeking bail in connection with FIR No.17/2017 of Police Station Girab, District Barmer, wherein he is charged for offence punishable under Sections 143, 147, 148, 149, 452, 323, 326 and 307 IPC.

Police after investigation submitted charge-sheet in the matter and presently trial of Sessions Case No.63/2017 is under progress before Addl. Sessions Judge No.1, Barmer (for short, "learned trial Court").

First bail application laid on behalf of petitioner was dismissed as not pressed with liberty to renew prayer for grant of bail after recording statements of injured witness Kailash Dan and the doctor (Jurist).

Pressing this second bail application, it is argued by learned counsel for the petitioner that subsequent to rejection of first bail application, during trial, statements of Dr. Narendra Kumar are recorded as P.W.1. Learned counsel further submits that as per statements of P.W.1, injuries suffered by victim are though grievous in nature but not dangerous to life. Learned counsel has, therefore, contended that per se offence under Section 307 IPC is not made out. It is also argued by learned counsel that the injured witness, Kailash Dan, is not turning up for deposition before the learned trial Court despite issuance of bailable and arrest warrants. It is further argued by learned counsel that arrest warrants were issued twice against Kailash Dan yet he has not appeared before the learned trial Court for recording his statements although he is a Government servant. In support thereof, learned counsel has placed on record order-sheets of the learned trial Court, which clearly indicate that he was summoned twice by arrest warrants. It is in that background learned counsel has argued that the injured witness is deliberately prolonging proceedings and is not willing to tender his evidence as witness in the matter.

Learned Public Prosecutor has opposed the second bail application.

I have bestowed my consideration to the arguments advanced at Bar and considering a very vital fact that Dr. Narendra Kumar (P.W.1) has been examined and injured witness Kailash Dan is not turning up for deposition despite issuing bailable and even arrest warrants. In this view of the matter while taking into account substantial change in the circumstances, without expressing any opinion on merits of the case, I feel persuaded to enlarge the petitioner on bail.

Accordingly, this second bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner, Narsing Dan S/o Ranidan, arrested in connection with F.I.R. No.17/2017 of Police Station Girab, District Barmer, may be released on bail; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.