Akhilesh vs State Of Madhya Pradesh

Gurpal Singh Ahluwalia, J

Case diary is available.

This is first application filed under Section 439 of Cr.P.C. for grant of bail.

The applicant has been arrested on 30.12.2021 in connection with Crime No.325/2021 registered at Police Station Tyonda Distt. Vidisha for offence under Sections 307, 323, 324, 325, 147, 148, 149, 506 of IPC and 294 of IPC.

Heard on I.A. No.7582/2022, an application for grant of interim bail on the ground that one year old son of applicant has expired on 03.05.2022 and to perform his last rites, presence of applicant is required.

This application was filed on 07.05.2022. Therefore, it is not clear as to whether the deadbody of his son has been cremated/buried or not.

Be that whatever it may.

The applicant is alleged to have lost his son. The copy of death certificate has been filed along-with mention memo. There is no reason to disbelieve the same.

Under these circumstances, the prayer for temporary bail is allowed. It is directed that the applicant shall be released on temporary bail for a period of one month from the date of his release on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.

The applicant is directed to submit an undertaking before the concerning Court that he shall positively surrender before the concerning Court on 30th day from the date of his release.

So far as merits of the case are concerned, the applicant is granted liberty to revive the prayer along-with the surrender certificate.

Accordingly, the application is finally disposed of.

In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.

Certified copy as per rules.