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Judgment
Nikhil S. Kariel, J
Heard learned Advocate Mr. Asarar Mansuri for the applicant and learned APP Mr. Niraj Sharma for the respondent-State.
Rule. Learned APP waives service of Rule on behalf of the respondent-State.
It appears that the present applicant is arraigned as an accused in connection with an FIR bearing CR. No. 11191041250557/2025 registered with Shaherkotda Police Station, Ahmedabad.
The present application is preferred seeking for temporary bail, more particularly to attend the marriage of his real sister, which is scheduled on 30.11.2025. The complainant is present in person.
Considering the submissions made by learned Advocate Mr. Mansuri and having perused the jail report, while it would appear that the applicant is in custody since 01.07.2025 and never been released herein before, it would also appear as per the submissions of the learned APP that this Court had considered the application preferred by the applicant for being released on regular bail and had rejected the same with a reasoned order. Learned APP has also conveyed to this Court that the present application is strongly objected by the complainant, more particularly submitting that the present applicant and the complainant are residing in the same locality and there is apprehension that upon being released, the applicant may try to influence the complainant or her family members.
Considering the diverse submissions made by learned advocate as well as the complainant herself, to this Court, it would appear that the applicant, while he could be released to attend the marriage of his sister but to ensure that he returns back in time, more particularly considering that his application for regular bail has been rejected by this Court and considering the apprehension expressed by the complainant, such liberty could be exercised with a police escort at the cost of the applicant. Hence, the following order
(i) The applicant is directed to be released on 30.11.2025 from 10:00 a.m. to 6:00 p.m. with a police escort at his cost.
(ii) It is further directed that the applicant shall in no manner attempt to contact the victim / complainant or their family members.
(iii) It is clarified that no further extension shall be granted.
Rule is made absolute to the aforesaid extent. Direct service today is permitted.