JUDGMENT

Vijay Kumar Shukla, J. - Shri abhay Saraswat, learned counsel for the applicant.

Shri Mukesh Sharma, learned counsel for the respondent/State.

Shri NJ Dave, learned counsel for the Objector.

This is first application for temporary bail under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.65/2020 registered at Police Station Rajod, Dist. Dhar (M.P.) under Sections 302 , 307, 147, 148, 149, 323 of IPC and S. 25-B of ARMS ACT on the ground of death of mother of applicants namely-Chandabai.

It is stated that trial court had permitted the applicants to attend the funeral of the mother in police custody. It is submitted that last rites of their mother are to be performed tomorrow, therefore the applicants be released on temporary bail for attending the same.

Considering the order of the trial court that the factum of death and Shok Patrika, it is established that mother of applicants-Chandabai has died on 25.1.2022, I am of the view that applicants are entitled for grant of temporary bail to attend the last rites of their mother till 14.02.2022.

Consequently, it is directed that the applicants be released on bail temporarily till 14.2.2022 on furnishing personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) each with one solvent surety each in the like amount to the satisfaction of the learned Trial Court, on the condition that they shall surrender before the trial Court on or before 15.2.2022 and shall remain present before the Court concerned during trial and also comply with the conditions enumerated under Section 437 (3) of CRIMINAL PROCEDURE CODE , 1973 alongwith the following stringent conditions:

(i) the applicants will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);

(ii) the concerned jail authorities are directed that before releasing the applicants, the medical examination of the applicants be conducted through the jail doctor and if it is prima facie found that they are having any symptoms of COVID-19, then the consequential follow up action or any further test required be undertaken immediately. If not, the applicants shall be released on bail in terms of the conditions imposed in this order.

(iii) if the applicants fail to surrender before the trial court on 15.2.2022, trial court shall be free to take steps to arrest the applicants.

Learned Panel Lawyer is directed to send an e-copy of this order to all the concerned including the concerned Station House officer of the police station for information and necessary action.

C.c. as per rules.