The court considered the circumstances, including the absence of grievous injuries and the compromise between the parties, in granting bail to the petitioner.

JUDGMENT

Devendra Kachhawaha, J. - In wake of onslaught of COVID-19, as per guidelines, lawyers have been advised to refrain from coming to the Courts, therefore, hearing of the matter is being taken up only through video conferencing.

2. The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.373/2021, Police Station Sadar Bikaner, District Bikaner, registered for the offence punishable under Sections 458, 323, 504, 336, 354 and 143 of the Indian Penal Code.

3. Heard learned counsel for the petitioner through video conferencing and learned Public Prosecutor, present-in-person. Perused the material available on record.

4. Learned counsel for the petitioner stated that petitioner has falsely been implicated in this case; as per prosecution, petitioner along with other co-accused persons entered into the house of the complainant with weapons but not with an intention to cause injuries; compromise has been taken place between the parties; copy of affidavit of complainant (victim) anjali has been filed along with the present bail application; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the petitioner.

5. Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner and stated that earlier, three other cases have been registered against the accused-petitioner. He further stated that as per prosecution, accused-petitioner along with other co-accused persons entered into the house of the complainant with weapons.

6. Having regard to the facts and circumstances of the case, particularly looking to the facts that none of the injuries have been found as grievous in nature; compromise has also been taken place between the parties; petitioner is behind the bars approximately for one month; further investigation and trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

7. Consequently, the bail application is allowed. It is ordered that the petitioner, Sonu @ Pata @ Yogendra Singh S/o Mool Singh, arrested in connection with F.I.R. No.373/2021, Police Station Sadar Bikaner, District Bikaner, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of the 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.