JUDGMENT

1. This is second bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant, who is in custody since 15.11.2021 in connection with Crime No.226/2021 registered at Police Station Belkhera, District Jabalpur for the offence punishable under Sections 452, 324, 506/34, 307 of IPC and 25/27 of Arms Act.

2. First bail application i.e. M.Cr.C. No.4181/2022 was dismissed as withdrawn vide order dated 08.02.2022 with liberty to renew prayer after victims are examined in the Court of law.

3. It is submitted that Shankar Singh was examined before the Court of law on 13.06.2022. His statements do not corroborate with the injuries narrated by him. There is no gun shot injury. There are only two lacerated wounds. On X- ray report injuries were found to be simple in nature.

4. In para 7 of his cross-examination, he has admitted that police had earlier lodged FIR under Sections 452, 324, 506/34 of IPC. Though he mentioned that the bullet which was fired from the firearm is still embedded in his body but X- ray report is contrary to this fact. Injuries sustained are simple in nature. It is further submitted that in para-3 of his cross-examination, he has admitted that two cases are registered against him one under Section 302 of IPC and another under Section 307 of IPC.

5. He was convicted in appeal under Section 307 of IPC. Against the order of conviction, appeal is pending and he is on bail.

6. Taking all these facts and evidence which has come on record and MLC report which has been read over by Shri Vivek Lakhera, Government Advocate for the State so also the X-ray report it is evident that the nature of injuries sustained by the victim Shankar Singh were simple in nature. It is further submitted that out of the local rivalry applicant has been falsely implicated.

7. Taking all these facts into consideration and especially the one that no case under Section 307 of IPC is prima facie made out, investigation is complete and charge sheet is filed, no further custodial interrogation of the applicant is required but without commenting anything on merits of the case, this bail application is allowed.

8. It is directed that applicant- Raju Singh be released on bail on his furnishing a personal bond to the tune of Rs.50,000/- (Rupees Fifty T6ousand Only) with two solvent sureties in the like amount to the satisfaction of the learned Trial Court to appear before the said Court on the dates given by the concerned Court during pendency of trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.

9. This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective.

10.. I n view of the outbreak of new mutant Omicron of Covid-19, the jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus before and after releasing the applicant.

11. Certified copy as per rules.