Nilesh vs State Of Madhya Pradesh

Prem Narayan Singh, J

This is first application has been filed on behalf of the applicant for grant of temporary bail under Section 439 of Criminal Procedure Code, 1973, as he is arrested in relating to FIR No.462/2022 dated (not mentioned) registered at Police Station-Mhow/Dr. Ambedkar Nagar, District-Indore (MP) for offence punishable under Sections 307/34 of Indian Penal Code, 1860. The applicant is in custody since 12.01.2023.

Learned counsel for the applicant has submitted that the grand father of the applicant has expired on 12.09.2023 and the presence of the applicant is On the aforesaid grounds, prayer is made to release the applicant on required to conduct last rituals of his grand father. The last ritual (Bhojan Prasadi) is scheduled for 23.09.2023 at Gram Navda Tehsil-Mhow District-Indore (M.P.). temporary bail for a period of 10 days.

Learned Government Advocate for the respondent/State has submitted that the factum of death of the applicant's grand father is verified.

In view of the aforesaid submissions and on perusal of the documents filed on record, this Court is inclined to allow the present application for a period of ten days only from today.

Accordingly, without reflecting anything on the merits of the case, the application is allowed temporarily for a period of ten days. It is directed that applicant shall be released on temporary bail for a period of ten days from the date of his release, subject to furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one separate surety of the like amount to the satisfaction of the concerned trial Court, with an undertaking that the applicant shall surrender before the concerned Court on or before the expiry of ten days, failing which he shall be arrested by the police and be put to face the trial, in accordance with the law.

Accordingly, Miscellaneous Criminal Case No.42358/2023 stands disposed of.

Certified copy as per rules.