Omaram vs State Of Madhya Pradesh

Subodh Abhyankar, J

1] This misc. criminal case has been filed by the applicant under Section 528 of BNSS, 2023 seeking modification of the order passed by this Court on 09/01/2026 in M.Cr.C. No.979/2026, wherein this Court has allowed the temporary bail of the applicant for a period of 7 days to allow the applicant to solemnize the marriage of his son.

2] After the aforesaid order was presented in the trial Court, it has been informed by the concerned Narcotic Cell that the marriage of the applicant's son Dinesh has already been solemnized and the information regarding his marriage on 16/01/2026 has been found to be false.

3] Counsel for the applicant has drawn the attention of this Court to various documents filed by the applicant to submit that as per their custom of Vishnoi community, his son's informal marriage was already solemnized while he was child only, and now he is major and as per the further rituals, the bride is to be brought to the applicant's home, which is called Muklawa (Gona), and even in the invitation card, it is clearly mentioned that it is the applicant's son's marriage/Muklawa with Raveena.

4] Counsel has also drawn the attention of this Court to the statement of the grand-father of the bride Raveena, who has also affirmed their tradition that after the marriage, the bride is brought to the house of the groom, which is also treated as marriage and is called Muklawa (Gona), and only after this ceremony that the bride is sent to the house of the groom. Similarly, other statements of other family members of the girl have also been filed. Thus, it is submitted that the application deserves to be allowed.

5] Counsel has also submitted that otherwise also, the applicant's regular bail application M.Cr.C. No.49588/2025 was dismissed by this Court on 17/11/2025 with liberty to renew prayer after six months as the applicant is lodged in jail since 10/10/2024. Counsel has submitted that there was no reason for the applicant to come to this Court for modification of the order as he is expecting that this application shall be allowed after completion of six months, but under the circumstances, when all the preparations of marriage/Muklawa have already been completed and the main function is to take place on 14/01/2026, the application deserves to be allowed.

6] Counsel for the State has submitted that the appropriate orders be passed.

7] Heard. On due consideration of submissions and on perusal of the order passed by this Court as also the documents filed by the applicant on record including the order passed by the trial Court, this Court finds force in the submissions as advanced by counsel for the applicant and is of the considered view that there is no reason for the applicant to make a false submission before this Court at this stage, specially when the statements filed by the applicant have been recorded by the concerned police station only, in which, all the family members of the applicant and his wife have also stated that the informal marriage was solemnized earlier and now the ceremony is called Muklawa (Gona), which is necessary step for completion of marriage.

8] In view of the same, the application is hereby allowed and it is directed that the applicant be released on temporary bail for a period of seven days from the date of his release as earlier directed by this Court in M.Cr.C. No.979/2026 on 09/01/2026 without further verification of the documents.

9] M.Cr.C. stands allowed.