Rajkumar Balmik vs State Of M.P.

G.S. Ahluwalia, J

This third application under Section 439 of Cr.P.C. has been filed for grant of bail. Second application was decided on 17/9/2021 passed in M.Cr.C. No.45293/2021.

The applicant has been arrested on 28/12/2019 in connection with Crime No.374/2016 registered at Police Station Dabra, Distt. Gwalior for offence under Sections 399, 400 and 402 of IPC, Sections 11, 13 of MPDVPK, Act and Sections 25, 27 of the Arms Act.

This application has been filed for grant of temporary bail for a period of fifteen days on ground of death of his father. Accordingly, in the first half of the day, Shri Singh was directed to produce the verification report. In the second round, it is fairly conceded by the counsel for the State that the father of the applicant has expired and his 13th day ceremony is fixed for 5th May, 2022, i.e. tomorrow.

Accordingly, the application for grant of temporary bail is hereby allowed and it is directed that on furnishing personal bond in the sum of Rs.1,00,000 (Rupees One Lac) with one surety in the like amount to the satisfaction of the Trial Court or C.J.M. or Remand Magistrate (Whosoever is available), the applicant be released on temporary bail for a period of seven days from the date of his release. The applicant shall also furnish an undertaking that he shall surrender immediately on 7th day from the date of his release.

The other conditions of Section 437, 439 Cr.P.C. shall remain the same.

In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.

With aforesaid observations, this application is partially allowed.