- (1.) This is a petition under Section 439 of the Code of Criminal Procedure for release of the petitioner in terms thereof in a case registered vide FIR No.81 dated 30.5.2009 under Sections 452/323/148/149/302 IPC, at Police Station Bawani Khera, District Bhiwani.
(2.) It is contended by the learned counsel for the petitioner that the allegations against the petitioner are that he had given a Danda blow on the hand of the deceased whereas in the MLR no such injury is depicted. He further contended that despite the fact that four persons were named in the FIR who caused the injuries, only two injuries were found to be caused on the person of the deceased. On the other hand, learned counsel appearing for the State of Haryana has opposed the prayer for bail while stating that according to the investigation carried out the deceased was given an injury by the petitioner.
(3.) After hearing the learned counsel for the parties and having regard to the fact that the petitioner is in custody since 2.6.2009, which fact is reflected in the impugned order and also the fact that the only injury attributed to the petitioner even as per the version of the prosecution is on the hand of the deceased, and also the fact that the trial is likely to take some time, the petition is accepted and the petitioner is directed to be released on bail under the provisions of Section 439 Cr.P.C. Bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Bhiwani Nothing stated herein shall be construed to be an expression on the merits of the case.;