Brajesh Khare vs State Of Madhya Pradesh And Others

Sanjay Dwivedi, J

This is the fourth bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of temporary bail relating to FIR No.03/2021 dated (not mentioned) registered at Police Station Orchha, District Niwari for the offence under Sections 342, 354, 354(a), 376, 120-B, 376-D of IPC and Sections 3,4,5g, 6, 5n, 9n, 91 and 10 of the POCSO Act, 2012. Applicant is in jail since 08.01.2021.

Earlier applications of the applicant were dismissed on merit, orders of which are available on record.

Learned counsel for the applicant submits that he has moved this application for grant of temporary bail to applicant for a period of four weeks for the treatment of his wife. He submits that the wife of the applicant is suffering from severe kidney disease and she requires treatment in AIIMS, Delhi. He submits that he has already filed the documents relating to disease of the wife of the applicant. He prays that under such circumstances, applicant may be granted temporary bail for a period of four weeks.

Learned counsel for the respondent/State submits that he has verified the documents filed by the applicant and also received the report, according to which, the documents submitted by the applicant are genuine.

Learned counsel for the objector submits that if temporary bail application is considered then specific condition be imposed that after release from jail, applicant shall not create any problem for the complainant party and shall not give any type of threat to them.

Learned counsel for the applicant submits that after release from jail, applicant will not try to contact the complainant party and the period of granting temporary bail will be utilized only for the treatment of the wife of applicant.

Considering the arguments advanced by the learned counsel for the parties, I am inclined to consider and temporary bail application. Accordingly, it is allowed.

It is directed that applicant be released on temporary bail for a period of four weeks that would start from the date of his release on his furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand) with a surety bond of like amount to the satisfaction of CJM Niwari for his surrender on completion of four weeks.

8 . I t is further directed that applicant shall surrender immediately on completion of four weeks from the date of his release before the trial court where the trial is being conducted. It is also directed that if applicant fails to surrender on completion of four weeks from the date of his release, the trial court concerned shall take appropriate steps for securing arrest of the applicant.

Certified copy as per rules.