The High Court allowed short term bail to the applicant in a criminal trial for murder, permitting him to attend the last rites of his father in tight security and return to jail on the same day.
Bail allowed for one day (21.01.2023) specifically to perform last rites, with the applicant to be returned to jail on the same day in tight security.
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Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2460 of 2023
Applicant :- Rinku Singh Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Bhushan Mishra Counsel for Opposite Party :- G.A.
Hon'ble Mayank Kumar Jain,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This short term bail application has been moved on behalf of the accused-applicant Rinku Singh for grant of bail, in Sessions Trial No. 987 of 2016 (State of U.P. vs Gajraj Singh and others), arising out of Case Crime No. 264 of 2016, under section 302 IPC, police station Ghoorpur, district Prayagraj, during the pendency of trial.
Learned counsel for the applicant while pressing the short term bail application submits that the applicant has been languishing in jail since 27.07.2016. He further submits that the father of the applicant died on 08.01.2023 and the applicant could not attend the cremation of his father, copy of certificate of Gram Pradhan with regard to death of father of the applicant has been annexed as annexure No. 2 to the affidavit filed in support of the bail application. It is further submitted that the applicant and the deponent Ashish Kumar are the two sons of their father. Ashish Kumar, brother of the applicant could not attend the cremation of his father as he lives in another city for his livelihood, and therefore, they are responsible for the rituals to be done after the death of their father. It has been stated in paragraph 12 of the affidavit filed in support of the short term bail application that ' Baal Mundan' 'Terahwi and 'Atharhwa' of father of the applicant are scheduled to be done on 18.01.2023, 21.01.2023 and 26.01.2023 respectively.
Learned A.G.A. could not dispute that as per certificate of Gram Pradhan, village Chaka, district Prayagraj filed as annexure No. 2, the date of death of Ramesh Chandra Patel, father of the applicant, is 08.01.2023.
Considering the facts and circumstances of the present matter, the application for short term bail is allowed with a direction to the Jail Superintendent, Prayagraj, to allow the applicant to attend the last rites of his father only on 21.01.2023 by taking
him in tight security at the house of the applicant, i.e. village Dubna Bongi, police station Ghoorpur, district Prayagraj, and after the performance of the last rites, the applicant shall be brought back to jail on the same day i.e. 21.01.2023 in adequate security.
It is however directed that during the period of short term bail, the applicant shall not misuse the liberty of short term bail and shall confine himself to the activities of last rites of his father.
Registrar (Judicial)(Compliance) is directed to immediately communicate this order to the District Magistrate, Prayagraj and Jail Superintendent, Prayagraj, where the applicant confined, through speedier mode of communication i.e. FAX/Email.
A copy of this order be provided to the learned counsel for the applicant on payment of usual charges.
The District Judge, Prayagraj shall report to this Court as to whether the applicant performed the last rites and send back in jail on the same day i.e. 21.01.2023 in adequate security.
Order Date :- 18.1.2023 Sazia
Digitally signed by :- SAZIA AQUIL High Court of Judicature at Allahabad
1 issue framed by the court
Whether short term bail should be granted to allow the applicant to attend the funeral rites of his deceased father.
Rinku Singh
State of U.P.
Mayank Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
