Criminal Procedure Code, 1973
Section 439—Bail—Attempt to murder—FIR registered under Section 307 of IPC and Section 25/27 of the Arms Act—Court while granting bail in serious cases has to see the peculiar facts and circumstances of each case—Court has to take into account the criminal antecedents of accused but has to primarily confine to the merits of the case in which accused has been arrested—Present case is very peculiar in nature where the accused has allegedly submitted that he was attacked and had suffered many gun injuries and in this process, his friend, in his defence fired gunshot which accidently as stated by counsel, wounded the complainant—Petitioner is in custody for the last nine months and trial may take a long time—Neither there is any previous enmity between injured and accused nor there seems to be any motive—Bail granted.
[Paras 5 to 7]