(1.) Heard. Perused the case diary and the relevant record.
(2.) Petitioner Sohan Singh, who was the S.H.O., Police Station, Barmer Sadar at the time of the alleged incident, has submitted a photostat copy of his application dated 12.12.1994. A perusal thereof indicates that he appeared before the I.O., S.P., C.B.I., Jodhpur, in this case for interrogation on 13.12.1994. From the statement of victim Jugta Ram, it appears that his penis was cut & severed by Kishan Singh with the assistance of Sumer Dan. The allegation against the petitioner is that he entered into a criminal conspiracy along with Bheru Singh. It is further alleged that Bheru Singh's wife Smt. Gaj Kanwar had illicit relations with Jugta Ram and that to teach a lesson to the latter he was illegally confined to Police Station, Sadar, Barmer and that in the barracks of the Police Station his penis was cut off. From the evidence collected by the I.O., it does not appear that the petitioner Sohan Singh was present at the time of the alleged incident. I have perused the statements of Nar Singh, Hanumant Ram, Shyam Lal, Constable and the police statement of other witnesses.
(3.) Co-accused Bheru Singh and Sumer Dan have already been granted bail under section 439, Crimial P.C. by this Court's order dated 25.7.94 passed in S.B. Cr. Misc. Bail Petition No. 2224/94.