The court may grant limited permission to an accused to attend essential family rituals on humanitarian grounds, but may restrict such permission to police custody if the accused has significant criminal antecedents and a risk of absconding exists.

Order on Board

22/04/2026

1. The applicant has filed this first application for interim bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of interim bail, as he has been arrested in connection with Crime No.153/2024 registered at Police Station Pulgaon, District Durg, Chhattisgarh, for offences punishable under Sections 103 , 332(B), 61, 238 and 64(1) of the BNS, 2023 , Sections 25 and 27 of the Arms Act, 1959 and Sections 4 and 6 of the POCSO Act, 2012 .

2. Learned counsel for the applicant submits that the applicant’s father, namely Rakesh Kumar Rajput, passed away on 11.04.2026, and although the last rites have been performed, but certain essential post-cremation rituals, including Kirtan & Guru Ka Langar, are scheduled today, which mandatorily require the presence of the applicant. In support of the said application, the applicant has filed a copy of condolence letter as ‘Annexure A-3’. Therefore, it is prayed that the applicant be granted interim bail.

3. On the other hand, learned counsel for the State opposes the interim bail application and submits that the applicant is also involved in nine other criminal cases, and if interim bail is granted to him, there is a possibility of his absconding. At the most, he submits that the applicant may be permitted to participate in the said ritual programmes, but only in police custody.

4. I have heard learned counsel for the parties and perused the material available on record.

5. Considering the fact that the father of the applicant passed away on 11.04.2026, and that certain essential post-cremation rituals, including Kirtan and Guru Ka Langar, are scheduled today, I deem it appropriate to permit the applicant to attend the said ritual programmes of his father in police custody.

6. In view of the aforesaid, I hereby direct that the applicant, Marshal Rajput, arrested in connection with Crime No. 153/2024 registered at Police Station Pulgaon, District Durg, Chhattisgarh, for offences punishable under Sections 103 , 332(B), 61, 238 and 64(1) of the BNS, 2023 ; Sections 25 and 27 of the Arms Act; and Sections 4 and 6 of the POCSO Act, in Special Criminal Case No. 02/2026 pending before the Court of the Fourth District and Additional Sessions Judge, FTSC (POCSO), District Durg, C.G., shall be permitted to attend the said ritual programmes of his father in police custody.

7. The concerned Superintendent of District Jail, Durg is directed to make all necessary arrangements, with the assistance of the Superintendent of Police, Durg, to take the applicant, Marshal Rajput, from the jail today, upon receipt of a copy of this order, to Gurunanak Nagar, Ramnagar, and to his residence at Road No. 4/D, Kripal Nagar, Kohka, Bhilai, till 6:00 p.m.; and on 23.04.2026, to his residence at Road No. 4/D, Kripal Nagar, Kohka, Bhilai, from 11:00 a.m. to 6:00 p.m., in police custody. Immediately thereafter, the applicant shall be brought back to the jail.

8. Accordingly, present interim bail application stands disposed of.

9. Let a certified copy of this order be supplied to the counsel for the applicant today itself.

10. Registrar (Judicial) is directed to send a copy of this order to the Superintendent, Central Jail, Durg; the Superintendent of Police, Durg and the concerned trial Court, for necessary information and compliance.