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Judgment
9 paragraphs · 417 wordsSanjeev S Kalgaonkar, J
This second application has been filed by the applicant under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of temporary bail in connection with Crime No. 447/2024 registered at Police Station - Sailana, District Ratlam(M.P.) for offence punishable under Section(s) 103, 61(2) and 3(5) of BNS, 2023. Applicant is in judicial custody since 03.12.2024. His first application was dismissed as withdrawn vide order dated 23.04.2025 passed in M.Cr.C. No. 15695/2025.
Learned counsel for the applicant submits that the father of applicant had died on 30.12.2025. (Copy of receipt of Cremation Ground, Medical Certificate of cause of death as well as condolence message(Shok Sandesh) is annexed with the bail application). Being the only son, presence of applicant is required for performing the post death rites and rituals of his father, which are scheduled to be held from 08.01.2026. Therefore, applicant may be extended benefit of temporary bail to perform the post death rituals of his father.
Learned counsel for the State referred to the report dated 05.01.2026 received from the Police Station Sailana Distt. Ratlam verifying the factum of death of father of the applicant and the post-death rituals scheduled from 08.01.2026.
Heard learned counsel for the parties and perused the record.
Considering the aforesaid and in view of gravity of allegations, this application for temporary bail is allowed purely on humanitarian grounds to facilitate post death rites and rituals of his father and it is hereby directed that the applicant - Deepak alias Deppu shall be released on temporary bail for a period of Fifteen days
from the date of his release, subject to depositing cash Rs.25,000/-(Rupees Twenty Five Thousand Only) and furnishing personal bond of Rs. 1,00,000/- (Rupees One Lakh Only) with one solvent surety of same amount to the satisfaction of trial Court. He shall also comply with the conditions enumerated under Section 437(3) of Cr.P.C. The applicant shall surrender before the trial Court on or before expiry of period of fifteen days. Necessary papers regarding surrender of the applicant be furnished to this Court. In case of failure to comply the order within 03 days, this bail order shall automatically stand cancelled. The cash amount shall be returnable after surrender into custody. In case of any violation of above conditions, the order shall stand cancelled and the security and surety amount shall be forfeited.
This temporary bail application filed under Section 483 of BNSS, 2023 stands disposed of.
C.C. as per rules.
