Criminal Procedure Code, 1973
Section 439—Regular bail—Voluntarily causing hurt and wrongful restraint—FIR registered under Sections 323/341/34 of IPC—Specific allegation against the petitioner is that he gave beatings to the victim with a stick like object—Injuries suffered by the victim were not on the vital part of the body—Petitioner is in custody for last six months and it is an admitted fact that the other accused persons were released on interim protection—No previous involvement of the petitioner in any case—Trial may take a long time—FIR was lodged after two days—Alleged weapon of offence is also a stick like object—Petitioner admitted to regular bail—Application allowed.
[Paras 7 & 8]
Decision : Application allowed