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2025 Supreme(RAJ) 171

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
MUKESH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMB / 3093 / 2025



Advocates:
Mr. Vijay Kumar Gaur, Mr. Prem Singh Panwar, PP

Interim bail can be granted based on compassionate grounds, such as a family member's medical emergency, subject to conditions ensuring the accused's accountability.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 483 - Bail application - The petitioner sought interim bail on the grounds of his mother's medical condition, specifically her need for surgery due to nervous blockages and brain hemorrhage - The court considered the necessity of the petitioner's presence for his mother's treatment - The Public Prosecutor did not dispute the ailment. (Paras 1-3)

(B) Interim Bail - The court found it just to grant interim bail for 20 days, subject to conditions including a monetary deposit and personal bond - The bail is contingent upon the petitioner surrendering after the period. (Paras 4-6)

Facts of the case:
The petitioner requested interim bail to care for his mother, who requires surgery, and there are no other family members available to assist her.

Findings of Court:
The court granted interim bail for 20 days, ensuring conditions were met for the release.

Issues: Whether the petitioner's request for interim bail based on his mother's health is valid and what conditions should apply.

Ratio Decidendi: The court emphasized the importance of the petitioner's presence for his mother's treatment, leading to the decision to grant bail under specified conditions.

Result: Interim bail application allowed for 20 days.

Order :

1. The present interim bail application under Section 483 BNSS has been filed by the petitioner on the ground that his mother is suffering from nervous blockages in her head/ brain haemorrhage and she has been advised by the doctor for operation. It is also averred in the bail application that there is no other family member to look after the mother of the petitioner. It is therefore, prayed that the petitioner may be released on interim bail for a period of one month.

2. In this regard, learned counsel has placed certificate dated 05.03.2025 issued by the Ananta Institute of medical Sciences & Research Centre, Rajsamand and a certificate dated 07.03.2025 issued by the office of Gram Panchayat Roliya with regard to the ailment of petitioner’s mother. A perusal whereof indicates that the petitioner’s mother has been advised for operation.

3. Learned Public Prosecutor has also not disputed the factum of ailment of petitioner’s mother.

4. Having considered the facts and circumstances of the case, so also the fact that the petitioner’s presence is essential for the treatment of his mother, this Court deems it just and proper to grant interim bail to the accused petitioner for a period 20 (twenty) days.

5. Accordingly, the interim bail application filed under Section 483 BNSS is allowed and it is directed that petitioner Mukesh S/o Suresh Garg arrested in connection with F.I.R. No.30/2024, registered at Police Station Sadar Nimbahera, District Chittorgarh, for the offences under Sections 8/15 & 8/25 of the NDPS Act, be released on interim bail for a period of 20 (twenty) days, subject to the condition that he shall deposit a sum of Rs.5,00,000/- before the trial court and provided he furnishes a personal bond in a sum of Rs.4,00,000/- with two sound and solvent sureties in the sum of Rs.2,00,000/- (out of which one surety will be a close relative of the petitioner) each to the satisfaction of learned trial court for his surrender on completion of twenty days from the date of actual release.

6. If the petitioner surrenders within the stipulated period before the concerned Jail, then the amount of Rs.5,00,000/- so deposited before the trial court shall be refunded back to him whereas if the petitioner fails to surrender within the stipulated period, then the amount so deposited shall be forfeited immediately.

7. Let this bail application be again listed on 07.04.2025.

8. Learned Public Prosecutor shall be required to submit the compliance report of the order as to whether the petitioner has surrendered or not.

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