The court may grant bail considering factors such as absence of injuries, discharge of specific offences, and material contradictions in the complainant's statement.

Headnote:
Bail Application - Criminal Law - The court granted bail to the accused-petitioner under Section 439 Cr.P.C. considering the absence of injuries, discharge of the offence under Section 397 IPC, and material contradictions in the complainant's statement.
Fact of the Case:

The petitioner filed a bail application under Section 439 Cr.P.C. after being arrested for offences under Sections 392, 458, 34 of the IPC and Section 3/25(1-B)(A), 5/27 of Arms Act. The petitioner argued that no one was injured, and he had been discharged of the offence under Section 397 IPC. The trial was expected to take a long time.
Finding of the Court:

The court, without commenting on the merits of the case, deemed it just and proper to release the petitioner on bail.
Issues: The main issue was whether the accused-petitioner should be granted bail considering the nature of the offences and the circumstances of the case.
Ratio Decidendi: The court considered the absence of injuries, discharge of the offence under Section 397 IPC, and material contradictions in the complainant's statement as grounds to grant bail to the accused-petitioner.
Final Decision: The bail application under Section 439 Cr.P.C. was allowed, and the accused-petitioner was ordered to be enlarged on bail upon furnishing a personal bond and sureties.

JUDGMENT

Manoj Kumar Garg, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.03/2022 Police Station Raisinghnagar, District Sri Ganganagar for the offence punishable under Sections 392, 458, 34 of the IPC and Section 3/25(1-B)(A), 5/27 of Arms Act.

2. Learned counsel for the petitioner submits that no one has been injured in this case and he has already been discharged of the offence under Section 397 IPC. Counsel further submits that now complainant has been examined before the Court as PW-1 and there are material contradictions, improvements and omissions in his statement. The petitioner is in the judicial custody since 03.01.2022 and the trial of the case will take sufficiently long time. Therefore, the benefit of bail may be granted to the accused-petitioner.

3. Learned Public Prosecutor has opposed the bail application.

4. I have considered the arguments advanced before me and gone through the material available on record.

5. Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.

6. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner -Bhim Godara @ Bhimsen S/o Sahab Ram, shall be enlarged on bail in FIR No.03/2022 Police Station Raisinghnagar, District Sri Ganganagar provided he furnishes a personal bond in the sum of Rs.1,00,000/-with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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