The court has the discretion to grant bail based on the facts and circumstances of the case, including the nature of the injury and the time spent in custody.

( 1 ) I have heard learned counsel for the applicant as well as learned Public Prosecutor for the state and carefully gone through the impugned order. I have also perused the challan papers.

( 2 ) IT is contended by the learned counsel for the applicant that first bail application of the applicant was rejected by this Court on 24. 4. 2006 and liberty was granted to him to file fresh bail application after filing of the challan. Now challan has been filed against the applicant. Further, it is contended that only one injury has been assigned to the applicant and that too is simple in nature. The applicant is behind the bars since last one and half month.

( 3 ) TAKING into consideration the facts and circumstances of the case and without expressing any opinion, I think it just and proper to enlarge the accused-applicant on bail.

( 4 ) ACCORDINGLY, the second bail application filed under Section 439 Cr. P. C. is allowed and it is directed that the applicant Shiv Singh S/o Kishan singh shall be released on bail (in FIR No. 44/2006, p. S. Rashmi, District Chittorgarh) provided he executes a personal bond in the sum of Rs. 20,000/- and furnishes two sound and solvent sureties in the sum of rs. 10,000/- each to the satisfaction of the learned trial court for his appearance before that Court on each and every date of hearing and whenever called upon to do so, till the completion of trial.