ANKIT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is third bail application filed by applicant under Sec. 439 of Criminal Procedure Code, 1973 for grant of temporary bail on account of ailment of his wife. His earlier bail applications have already been dismissed as withdrawn. The documents filed by the applicant regarding ailment of his wife Mrs. Girja have been verified by the State and in the medical certificate dtd. 23/11/2023 issued by the Chief Block Medical Officer, Alot, it is stated that she is suffering from stage three cancer and is not confined to bed and is not able to walk and is referred to higher center for further management.

(2.) On due consideration of submission and on perusal of the case-diary as also the documents filed on record, this Court finds force with the contentions as advanced by counsel for the applicant and considering the fact that the applicant is lodged in jail since 21/06/2021 and also looking to the the medical condition of his wife, without commenting on merits of the case, the application for temporary bail is allowed. It is directed that applicant shall be released on temporary bail for a period of one month only from the date of his release, subject to his furnishing a personal bond in the sum of Rs.50,000.00 (Rupees fifty thousand) with one solvent surety of the like amount to the satisfaction of the concerned trial Court. That applicant shall surrender before the Trial Court immediately on or before the expiry of aforesaid period, failing which, the Police Authority will be at liberty to arrest the applicant without further reference to this Court.

(3.) Certified copy as per rules.