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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE PRAVEER BHATNAGAR, J
NITESH KUMAR @ SONU @ DADA S/O MAHAVEER PRASAD – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. The matter comes upon an interim application filed on behalf of the accused-petitioner for seeking interim bail on the ground of petitioner's father's serious ailment.
2. It is contended by learned counsel for the accused-petitioner that this interim bail application is filed on the grounds of serious ailment of the father of the accused-petitioner. It is contended that the accused-petitioner's father was suffering from stone in the gallbladder and urethra, and Doctor has suggested his immediate operation. The accused-petitioner is the only son and caretaker of his father. The mother of the accused-petitioner is 77 years old lady and father of the accused-petitioner is also an old person, therefore, for conducting the operation of the accused- petitioner's father and further supervision, the accused-petitioner may be enlarged on interim bail.
3. Learned Public Prosecutor has opposed the interim bail application and submitted the verification report.
4. The verification report shows that the accused-petitioner's father is suffering from stone in the gallbladder and urethra for which immediate surgery is required. It is also came on record that the accused-petitioner is the on
Interim bail can be granted based on the serious medical condition of a family member, emphasizing the accused's role as a caretaker.
The court granted interim bail on humanitarian grounds, emphasizing the need for emotional support and medical care for the petitioner's seriously ill father.
Extension of interim bail based on the serious ailment of a family member.
The court has the discretion to grant interim bail for genuine reasons, such as arranging for the surgery of a seriously ill family member.
The court granted interim bail based on the genuine medical grounds for the petitioner's mother's surgery, highlighting the principle of parity with previous bail decisions.
The court established that the grant of interim bail must consider the applicant's criminal history and the potential risk to public safety, even in light of personal hardships.
The court has the discretion to grant interim bail based on humanitarian grounds, such as the illness of a family member requiring the presence and support of the accused.
The court upheld the principle that humanitarian grounds can justify granting interim bail, while ensuring safeguards against evidence tampering.
The court denied interim bail due to lack of serious health issues as per medical reports, while ensuring the petitioner receives adequate medical treatment in custody.
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