SHETHNA, J. - (1.) THIS fifth bail application is filed by the accused Ram Dayal on three grounds that :- (1) his co-accused are already released on bail, (2) he is in jail since last about one and a half years, and, (3) out of eleven witnesses, only five witnesses have been examined so far and except the complainant, all other witnesses have turned hostile.
(2.) THE fourth bail application was rejected by me on 27. 7. 99 by a speaking order. THEreafter, the petitioner has not filed any fresh bail application before the Trial Court and once again has filed this fifth bail application on the grounds mentioned hereinabove. The petitioner accused is charged for the offence punishable u/s 307 I. P. C. which is punishable with imprisonment for life or with imprisonment for ten years and fine. It is true that the petitioner is in jail since last one and a half years i. e. from 17. 9. 98. It is also true that other co-accused have been enlarged on bail. It is also true that the petitioner is a young person but the role played by him during the commission of the offence is such for which the petitioner should be punished with a deterrent sentence if it is proved against him during the trial. In this case, the complainant is none else but a Captain in the military who defends this Country. He was attacked by the petitioner along with others with a deadly weapons. The only fault of the Captain was that he saw the present accused trying to kiss his wife and molest her. No man on earth can tolerate this. When he scolded the accused, the accused assaulted him with a deadly weapon because of that he received bleeding injuries fortunately, inspite of such serious injuries, he survived. It may be that the other witnesses who were present at the place of incident might have turned hostile but looking to the evidence of the Captain, in my considered opinion, his evidence is sufficient to convict the accused and such an accused should be strictly dealt with by the Trial Court if ultimately the Trial Judge comes to the conclusion that the offences for which the accused is charged are proved. In absence of any change in the circumstances, this fifth bail petition is rejected for the aforesaid reasons. A copy of this order be sent down to the learned Special Judge, SC/st Cases, Bikaner who is trying this case forthwith. . ;