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2021 (7) TMI 1302 - HC - Indian LawsSeeking grant of temporary bail - seeking release on temporary bail to join his family members in performing the last rites of his mother - HELD THAT:- It may be appropriate to take cautious cognizance of the developments in the intervening period, particularly, on account of passage of time, and consider the prayer to release the appellant on temporary bail, purely on humanitarian ground. In the prevailing social construct, the first death anniversary of an immediate family member has an element of religious, personal and emotional significance. Admittedly, the appellant has not been able to participate in any of the rites/rituals in connection with the death of his mother. Viewed through this prism, the prayer of the appellant is not unjustifiable. There is no reasonable ground to believe that the appellant may abscond. Nonetheless, appropriate conditions are imposed upon the appellant, an undertrial prisoner, to take care of the possible apprehension of the prosecuting agency. Likewise, charge-sheet has been lodged and the identity of the majority of witnesses is concealed. This takes care of the apprehension of tampering with evidence as well. The appellant can be released on temporary bail with effect from 13th August 2021 to 21st August 2021, subject to conditions imposed - application allowed.
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