Rajesh Kumar vs State Of Rajasthan

Kuldeep Mathur, J

Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

The petitioner has been arrested in connection with F.I.R. No.214/2021, registered at Police Station Hanumangarh Junction, Hanumangarh, for the offences under Sections 341, 323, 324, 307 and 458 of the IPC. He has preferred this interim bail application under Section 439 Cr.P.C.

Counsel for the petitioner submitted that the petitioner’s father passed away on 23.04.2023 which fact is fortified from the certificate issued by the Sarpanch, Gram Panchayat Ghanau, Panchayat Samiti Rajgarh, District Churu. Learned counsel further submitted that the presence of petitioner, being the elder son, is essential for performing the last rituals, therefore, the petitioner may be released on interim bail for a period of 30 days.

Learned Public Prosecutor has opposed the interim bail application.

Having regard to the totality of the facts and circumstances of the case, I deem it just and proper to grant interim bail to the accused petitioner under Section 439 Cr.P.C. for a period fifteen days for performing the last rituals on account of death of his father.

Accordingly, the interim bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Rajesh Kumar S/o Sh. Fateh Singh be allowed to perform the last rituals on account of death of his father and he may be released on interim bail of fifteen days from the date of his actual release provided he executes a personal bond in the sum of Rs.2,00,000/-with two sureties of Rs.1,00,000/- each (out of which one surety should be close relative of the petitioner) to the satisfaction of the learned trial court. The concerned Superintendent of Jail concerned shall give the date of surrender to the petitioner as per the date on which he is released from custody. If the petitioner does not surrender himself on the given date, the Superintendent of concerned Jail shall inform this Court regarding this fact immediately.

Let this bail application be again listed on 23.05.2023 on which date, learned Public Prosecutor shall be required to submit the compliance report of the order whether the petitioner has surrendered or not.