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G. S. AHLUWALIA
Rihana Khan. – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
G.S. ahluwalia, J. - The applicants have been arrested on 02.10.2021 in connection with Crime No.356/2021 registered at Police Station Madhoganj Distt.Gwalior for offence under Sections 498 (a), 304 (B), 34 of IPC.
This application under Section 439 of Cr.P.C. has been filed for grant of bail for 15 days on the ground of marriage of the daughter of applicant no.1 Rihana/sister of applicant no. 2. It is submitted that the marriage of the daughter of applicant no. 1/sister of applicant no. 2 is fixed for 15th of February, 2022 and departure of bride will take place on 16th of February, 2022. The presence of the applicant and brother of the bride is essential. It is further submitted that it is clear from the impugned order dated 29.01.2022 passed by the Sixth additional District Judge, Gwalior in S.T. No. 702/2021, the factum of marriage of the daughter of applicant no.1 was duly verified. The trial is likely to take sufficiently long time and there is no possibility of their absconding or tampering with the prosecution case.
Per contra, the application is vehemently opposed by the Counsel for the State. It is submitted that so far as the presence of the brother of the bride is
The essential presence of the mother in the marriage of her daughter for granting temporary bail.
The necessity of the applicant-accused's presence to perform necessary rituals in his sister's marriage ceremony was the key legal principle influencing the court's decision to grant temporary bail.
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