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Date of Decision: 03.07.2025
OM TRIPATHI .....Petitioner
Through: Mr. Himanshu and Mr. Rishabh Kumar, Advocate
Through: Mr. Nawal Kishore Jha, APP for State
Rohilla
JUDGMENT
1. In compliance of yesterday’s order, further inquiry was carried out by the IO and fresh report is submitted by learned APP, which is accepted across the board to be scanned.
2. The accused/applicant seeks interim bail in case FIR No. 931/2023 of PS Sarai Rohilla under Section 307/195A/506/120B/34 IPC & 83 JJ Act for a period of five weeks on the ground that his mother has to be operated upon.
KATHPALIA Date: 2025.07.03 17:42:18 +05'30'
3. According to the medical record of mother of the accused/applicant, filed with the application, she is suffering from multiple stones in gall bladder for which she has to be operated upon urgently. Those medical documents were verified by the IO and found to be genuine, according to status report dated 02.07.2025. Since the status report dated 02.07.2025 was silent about family circumstances of the accused/applicant, IO was directed yesterday to inquire into the same and report if there is any other family member to take care of mother of the accused/applicant and accordingly, the report is submitted today.
4. According to the report submitted today, mother of the accused/applicant is residing alone ever since death of her husband, which took place on 11.05.2025 and there is no other family member or relative to help her in getting the medical treatment carried out.
5. Considering the nature of illness of his mother and family circumstances of the accused/applicant, learned APP in all fairness does not object to grant of interim bail, but submits that the period of interim bail may not be that long.
6. Keeping in mind the nature of illness and nature of surgery to be performed on mother of the accused/applicant, the application is allowed and the accused/applicant is directed to be released on interim bail for two KATHPALIA Date: 2025.07.03 17:42:34 +05'30' weeks subject to his furnishing personal bond in the sum of Rs. 10,000/with one surety in the like amount to the satisfaction of the trial court.
7. Upon expiry of interim bail period, the accused/applicant shall surrender before the trial court.
8. Copy of this order be sent immediately to the concerned jail superintendent for being conveyed to the accused/applicant.
GIRISH KATHPALIA (JUDGE) JULY 3, 2025 GIRISH KATHPALIA