Darbar Singh vs Union Of India

Subodh Abhyankar, J

1] They are heard. Perused the case-diary.

2] This is first bail application filed by applicant under Section 483 of BNSS, 2023 / 439 of Criminal Procedure Code, 1973 for grant of temporary bail on account of death of his mother.

3] Counsel for the applicant has submitted that the applicant is seeking temporary bail on the ground of death of his mother, who has died on 13/12/2025 and her last rites are to be performed on 24/11/2025 and 25/11/2025. It is also submitted that the applicant is lodged in jail since 13/07/2025 and his presence is required to perform the last rites of his mother. Hence, it is submitted that the application be allowed and he be released on temporary bail.

4] Counsel for the respondent/State has submitted that the factum of death of his mother has not been verified.

5] On due consideration of submission and on perusal of the documents filed on record, this Court finds force with the contentions as advanced by counsel for the applicant and considering the fact that the mother of the applicant has died on 13/12/2025 and his presence is required to perform the last rites of his mother, without commenting on merits of the case, the application for temporary bail is allowed. It is directed that applicant shall be released on temporary bail for a period of two weeks only from the date of his release, subject to his furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety of the like amount to the satisfaction of the concerned trial Court. Before releasing the applicant, the trial Court shall verify the factum of death of his mother and if the same is verified, he may be allowed to furnish the bail.

That applicant shall surrender before the Trial Court immediately on or before the expiry of aforesaid period, failing which, the Police Authority will be at liberty to arrest the applicant without further reference to this Court.

6] M.Cr.C. stands allowed.