The nature of the injury and the overall facts and circumstances of the case are crucial factors in determining the grant of bail.

JUDGMENT

Nandita Dubey, J. - This is the second bail application filed by the applicant under Section 439 of the Cr.P.C for grant of bail. First bail application was dismissed as withdrawn by this Court vide order dated 1.6.2020 passed in M.Cr.C. No. 13772/2020.

2. The applicant is in custody since 2.4.2020 in connection with Crime No. 58/2020 registered at Police Station Rajnagar, District Chhatarpur for the offence punishable under Sections 294 & 307/34 of the I.P.C

3. As per prosecution allegation, while the victim was going on his motorcycle, the co-accused fired at him with Katta. When the victim fell down, the present applicant inflicted an injury by knife on his shoulder.

4. Learned counsel for the applicant submits that the fire arm injury was caused by co-accused Kammu and the only allegation against the present application is that he inflicted the injury on the shoulder, which is simple in nature. He prays for grant of bail to the applicant.

5. On the other hand, learned Panel Lawyer for the State fairly submits that the injury caused by the knife, which has been seized from the present applicant, is simple in nature as per the medical report.

6. Considering the overall facts and circumstances of the case, I am of the view that it is a fit case to enlarge the applicant on bail. This application is accordingly allowed.

7. It is directed that applicant Guddu @ Anees shall be released on bail on his furnishing a personal bond in the sum of Rs. 50,000/- (Rs.Fifty Thousand only) with one surety in the like amount to the satisfaction of the Trial Court.

8. This order will remain operative subject to compliance of the following conditions :-

"1. The applicant will comply with all the terms and conditions of the bond executed by him.

2. The applicant will cooperate in the investigation/trial, as the case may be.

3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her/them from disclosing such facts to the Court or to the Police Officer, as the case may be.

4. The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically without further reference to the Bench.

5. The applicant will not seek unnecessary adjournments during the trial and shall appear before the trial Court on all the dates of hearing fixed in this regard during the trial.

6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

7. The learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to time by the Supreme Court, the Central Government and as well as the State Government during release, travel and residence of the applicant during period of bail as a consequence of this order."

9. A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to Shri H.K.Shukla, learned Panel Lawyer for the State on their respective email address.

10. The office is also directed to forward a copy of this order to the learned Court below.

11. Certified copy/e-mail as per rules/directions.