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MANOJ KUMAR GARG
Praveen – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Manoj Kumar Garg, J. - The present criminal appeal (interim bail) under Section 14- a(2) of the Scheduled Caste/Scheduled Tribe (Prevention of atrocities), act has been filed by the appellant on the ground of marriage of his nieces, namely, Monika and Sonu, which is going to be solemnized on 15.04.2022.
2. Learned counsel for the appellant submits that the marriage function of the appellant's nieces is scheduled to be taken place from 09.04.2022 to 16.04.2022 and the appellant is the only maternal uncle of his nieces and his presence is very much essential in the mayra ceremony. In these circumstances, the appellant may be granted interim bail for a period of 7 days.
3. Learned Public Prosecutor has verified the fact of marriage of appellant's nieces. However, learned Public Prosecutor and Dr.Sachin acharya, learned Senior advocate appearing for C.B.I. have opposed the prayer of the appellant since allegation against the present appellant and other accused are for offence under Section 302 of IPC.
4. I have heard learned counsel for the appellant as well as learned Public Prosecutor and learned counsel for the complainant. Perused the material available on record.
5. Taking int
The essential presence of the appellant in the mayra ceremony was a decisive factor in granting interim bail, balancing the allegations against him.
The court has the discretion to grant interim bail based on the specific circumstances, such as the essential presence of the appellant in a significant family event.
The seriousness of the allegation against the appellant and the availability of other family members to attend the marriage were key factors influencing the court's decision to dismiss the appeal for....
The court balanced the essential nature of the appellant's presence at a family function with the seriousness of the allegations against him in granting interim bail for a limited period with specifi....
The presence of other competent family members to handle family obligations may be considered in deciding on applications for interim bail.
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