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Judgment
Rajendra Kumar Verma, J
This is an application under Section 439 of Criminal Procedure Code, 1973, filed by the applicant for grant of temporary bail on the ground of marriage
of sister of the applicant.
The applicant is facing trial in connection with Crime No.160/2019, registered at Police Station Harijan Prakoshtha District Shajapur for offence under
Sections 376 of IPC, 1860 and Section 5/6 of Protection of Children from Sexual Offences Act, 2012 and 3(2)(v) of the SC/ST (Prevention of
Atrocities) Act. The applicant is in jail since 10.08.2019.
Learned counsel for the applicant has submitted that the applicant is in custody since 10.08.2019, the marriage of the sister of the applicant is
scheduled to be held on 12.02.2022 and the presence of the applicant is necessary. Hence, learned counsel for the applicant prays for grant of
temporary bail to the applicant.
On the last date of hearing, learned Panel Lawyer for the respondent / State was directed to verify the factum of marriage of sister of the applicant.
Learned Panel Lawyer has submitted that the factum of marriage is verified and the marriage of sister of the applicant is fixed on 12.02.2022.
Looking to the facts and circumstances of the case, on a perusal of the material available on record, it would be appropriate to grant temporary bail to
the applicant for a period of 10 days from the date of his release.
Accordingly,without expressing any opinion on the merits of the case this application is allowed. It is directed that the applicant be released on
temporary bail for a period of ten days from the date of his release, subject to furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty
Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, with an undertaking that he / she will
surrender immediately after completion of ten days from the date of his / her release for being taken into custody and sent to jail failing which, the trial
Court will take necessary steps to arrest the applicant and will proceed under Section 446 of Cr.P.C. without further reference to this Court.
A copy of this order be sent to the Court concerned for compliance.