Bheru Nath vs State Of Madhya Pradesh

Anil Verma, J

This is third bail application under Section 439 of Cr.P.C for grant of temporary bail in connection with crime No.61/2022 dated : not mentioned, registered at P.S - Unhel, District - Ujjain for offences punishable under Section(s) 302, 307/34 of IPC on the ground of death of mother of the applicant.

Counsel for the applicant submits that the mother of the applicant died on 11/5/2023 and the rituals are scheduled to take place on 21/5/2023 and 22/5/2023. In support of his submissions he has filed documents.

Counsel for the State was granted time to verify the same. Upon verification counsel for the State submits that the fact of death of mother of the applicant on 11/5/2023 is true.

I have considered the facts and circumstances of the case and also the fact that the mother of the applicant died on 11/5/2023 and rituals are scheduled to take place on 21/5/2023 and 22/5/2023. Co-accused Dhannanath has been enlarged on temporary bail on the same ground vide order dated 18.05.2023 passed in M.Cr.C No.22131/2023, therefore, in my considered view the present applicant is entitled for grant of temporary bail.

It is directed that applicant BHERU NATH S/O KALUNATH KALBELIYA shall be released from custody for a period of 10 days, from the date of release, upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety of the like amount to the satisfaction of the Ld. Court below.

The applicant shall surrender after expiration of 10 days. If the applicant do not surrender after expiration of 10 days, than the Trial Court shall be at liberty to secure his arrest , in accordance with the law.

With the aforesaid, the application is allowed and disposed off.

Cc today.