Vijay Kumar Shukla, J
1. This is third application under Section 439 of the Cr.P.C. filed on behalf of the applicant for grant of temporary bail on the ground of death of mother of the applicant who died on 24.9.2023. The applicant is in custody in connection with FIR No.188/2023 dated (not mentioned) registered at Police Station Madhav Nagar, Ujjain (M.P.) for the offence under Sections 306 and 498-A of IPC.
2 . Counsel for the applicant submits that he has filed death certificate issued by Uttar Pradesh University of Medical Science, Etawah. It is submitted that applicant is sole son of the deceased. His father has already expired and there is no other blood relative to perform the last rights.
3. Counsel for the State submits that certificate is issued by State of Uttar Pradesh and same is to be verified.
4. After hearing learned counsel for parties, I am of the view that applicant is entitled for temporary bail for a period of one month from the date of release subject to verification of death of mother of applicant by the trial court.
5 . Applicant Sunil Kumar shall be released on temporary bail for a period of one month from the date of release after verification of death of mother of applicant by the trial court upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety of the like amount to the satisfaction of the Court below on the condition that the applicant shall surrender before the concerned trial court immediately after expiry of one month. In case if he fails to surrender on the aforesaid period, the concerned Court shall take necessary steps to arrest the applicant in accordance with the law.
Let a copy of this order be sent to the concerned trial court for compliance.
With the aforesaid, the application is allowed and disposed off.
