High CourtsSingle Bench

Mahesh Kumar Maurya vs State Of M.P

Madhya Pradesh High Court · Decided on 3 February 2022 · Citation: (2022) 02 MP CK 0023

HON’BLE JUDGES
G.S. Ahluwalia, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 304, 420, 465, 467, 468, 471
RESULT
Dismissed
CASE NUMBER
Miscellaneous Criminal Case No.6290 Of 2022
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Judgment

13 paragraphs · 256 words

G.S. Ahluwalia, J

This third application under Section 439 of Cr.P.C. has been filed for grant of temporary bail.

The applicant has been arrested on 13.12.2020 in connection with Crime No.513/2020 registered at Police Station Padav Distt. Gwalior for offence

under Sections 304, 420, 465, 467, 468, 471, 34 of IPC.

This application has been filed for grant of temporary bail for a period of 60 days on the ground that his father has expired on 27.12.2021 and there is

no body to look after his wife and one and half year old child. It is further submitted that marriage of his niece is scheduled for 12th of February, 2022

and since the family members of the applicant and his relatives would attend the marriage, therefore, his presence is required.

Considered the submissions made by the Counsel for the applicant.

Since the daughter of the brother of the applicant is getting married on 12th of February, 2022, therefore, it is clear that there are other persons in the

family of the applicant who can look after his wife and one and half year old child even after the death of his father. So far as the presence of the

applicant in the marriage of daughter of his brother is concerned, in the considered opinion of this Court, his presence is not required because he is not

required to perform any rituals.

Looking to the allegations made against the applicant, no case is made out for grant of temporary bail. The application fails and is hereby dismissed.