The court established that bail can be granted when the accused has been in custody for an extended period, no injuries have been inflicted, and there are no prior cases against the accused.

Headnote:
BAIL - CRIMINAL PROCEDURE - The court granted bail under Section 439 Cr.P.C. considering that no injury was caused, the petitioner had no prior cases, and the trial would take a long time, thus favoring the release of the petitioner on bail.
Fact of the Case:

The petitioner, Raju Ram Manjhu, is in judicial custody for an FIR alleging offences under IPC Sections 143, 332, 353, and 307. The petitioner claims no injury was caused and that the allegations are false.
Finding of the Court:

The court noted that no injuries were reported, the petitioner had no other cases against him, and he had been in custody since September 23, 2021. The court found that the trial would take a considerable amount of time.
Issues: Whether the petitioner should be granted bail considering the circumstances of the case and the nature of the allegations.
Ratio Decidendi: The court emphasized that the absence of injuries, lack of prior cases, and the prolonged duration of custody warranted the acceptance of the bail application without delving into the merits of the case.
Result: The bail application was allowed, and the petitioner was ordered to be released on bail upon furnishing a personal bond and sureties.

JUDGMENT

Devendra Kachhawaha, J. - 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.256/2021, Police Station Lohawat, District Jodhpur, registered for the offence punishable under Sections 143, 332, 353 and 307 of the Indian Penal Code.

2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

3. Learned counsel for the petitioner stated that no injury has been caused to any person; a false allegation of using fire arm has been made against the petitioner; petitioner is behind the bars since 23.09.2021; no other case is registered against the petitioner; 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.

4. Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner and stated that there is an allegation of using fire arm against the accused-petitioner.

5. Having regard to the facts and circumstances of the case, particularly looking to the facts that no injury has been caused to any person; as per rejection order itself, no other case has been registered against the accused-petitioner; accused-petitioner is behind the bars since 23.09.2021; 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.

6. Consequently, the bail application is allowed. It is ordered that the petitioner - Raju Ram Manjhu S/o Shiv Lal Bishnoi, arrested in connection with F.I.R. No.256/2021, Police Station

7. Lohawat, District Jodhpur, 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.

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