The intention to reconcile a domestic dispute and support the family during the COVID-19 pandemic can be considered as grounds for granting temporary bail, subject to specified conditions for compliance.

JUDGMENT

anand Pathak, J. - The applicant has filed this second bail application u/S.439 Cr.P.C for grant of bail. applicant has been arrested on 31.10.2021, by Police Station- Joura, District Morena, in connection with Crime No.684/2021, registered for offence punishable under Sections 307, 323, 294, 506, 498-a, 147, 148, 149 of IPC. Earlier bail application was dismissed as withdrawn by this Court.

at the outset, learned counsel for the applicant pressed for withdrawal of this bail application on merits, but confined his arguments to the extent of temporary bail and submitted that matter pertains to the domestic dispute between the parties because complainant party is family members of applicant's wife. Due to said dispute, incompatibility shared by the applicant and his wife, this alleged event occurred. according to the counsel for the applicant, complainant side is ready to settle the matter once and for all and also applicant wants his wife back into family-fold. It is further submitted that in absence of applicant, his family is finding hard to make both the ends meet. Confinement amounts to pretrial detention. applicant undertakes to cooperate in trial as well as investigation and would make himself available as and when required. He would not be a source of embarrassment or harassment to the complainant party. Under these grounds, he prayed for bail.

Learned Public Prosecutor for the State opposed the prayer and prayed for dismissal of this application.

Heard learned counsel for the parties at length and considered the arguments advanced by them.

Considering the submissions advanced by the parties specially the intention of applicant that he intends to reconcile the said dispute and to look after his family in testing time of COVIE-19 pandemic, without commenting on the merits of the case, this Court intends to allow the present application and it is hereby directed that the applicant shall be released on temporary bail for 30 days only on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of trial Court.

applicant shall surrender on or before 30.04.2022 before the trial court and trial court shall send a report in this regard before the office of this court.

This order will remain operative subject to compliance of the following conditions by the applicant :-

1. The applicant will comply with all the terms and conditions of the bond executed by him;

2. The applicant will cooperate in the investigation/trial, as the case may be;

3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit an offence similar to the offence of which he is accused;

5. The applicant will not be a source of embarrassment or harassment to the complainant party in any manner and applicant will not seek unnecessary adjournments during the trial;

6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

7. applicant shall not be a source of harassment and embarrassment to the complainant party in any manner and shall not intimidate or threat them and if possible, then he shall try to explore all possibility of reconciliation of said domestic dispute.

Application stands allowed and disposed of.

Certified copy today.