KARAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This 4th bail application has been filed under Sec. 439 of Cr.P.C. in connection with FIR No. 67/2022 registered at Police Station Todabheem, District Karauli for the offences under Ss. 323, 341, 447, 307 and 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 dtd. 21/3/2022, 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the second bail application of the petitioner was also dismissed by this Court vide order dtd. 26/5/2022 as withdrawn, the third bail application of the petitioner was again dismissed by this Court vide order dtd. 13/1/2023 as withdrawn with liberty to file afresh after recording the statement of Medical Officer-Dr.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 dtd. 2/3/2022, 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 and 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.