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Judgment
11 paragraphs · 419 wordsSanjeev S Kalgaonkar, J
This is fourth bail application filed under section 483 of the BNSS, 2023 for grant of temporary bail in connection with Crime No.533/2023 registered at Police Station - Rajgarh, District - Rajgarh(M.P.) for offence punishable under Sections 498A, 304-B, 306 and 34 of IPC. She is in custody since 13.07.2023.
The first and second bail application of the applicant have been dismissed on m e r i t s vide orders dated 20.12.2023 and 31.07.2024, passed in M.Cr.C. No.50612/2023 and M.Cr.C. No.21791/2024 respectively. Thereafter, her third bail application was dismissed as withdrawn vide order dated 14.05.2025, passed in M.Cr.C. No.20500/2025 with liberty to expedite the trial within six months from the date of the order.
Learned counsel for the applicant submits that the present application for grant of temporary bail to the applicant has been filed on the ground of illness of her husband. He further informed that the husband of the applicant succumbed on 30.09.2025. The receipt of Muktidham Vikas Samiti, Rajgarh is enclosed with the application for temporary bail.
Learned counsel for the applicant submits that the applicant being the wife is under religious obligation to perform final rights and rituals on death of her husband. The affidavit, Mukhtidham Vikas Samiti, Rajgarh receipt and Shok Patrika are filed along with the application Therefore, applicant be extended temporary bail.
Learned Counsel for State referred to the report received from the concerned police station verifying the factum of death of husband of the applicant on 30.09.2025.
Heard learned counsel for the parties.
Considering the aforesaid, the present application for temporary bail is allowed and it is hereby directed that subject to deposit of cash amount of Rs. 25,000/- in the trial Court, the applicant shall be released on temporary bail for a period of 15 days from the date of her release, on her furnishing personal bond ofRs.25,000/-(Rupees Twenty Five Thousand Only) with one surety of the like amount to the satisfaction of the Court concerned. The applicant shall abide by the conditions enumerated u/S 437(3) of Cr.P.C. In case of failure to comply the order within 03 days or violation of condition of bail, this bail order shall automatically stand cancelled.
The applicant shall surrender before the trial Court on or before expiry of period of 15 days. The cash amount be returned to the applicant on surrender, else it will be forfeited. Necessary papers regarding surrender of the applicant be furnished to this Court.
M.Cr.C. stands disposed of accordingly.
C.C. as per rules.
