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2025 Supreme(RAJ) 912

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
CRLMB / 639 / 2025



Advocates:
Mr. Lakhan Singh Tomar, Mr. S.R. Dhakar, PP

Interim bail can be granted based on the serious medical condition of a family member, emphasizing the accused's role as a caretaker.

Headnote:(A) Criminal Procedure Code, 1973 - Section 439 - Interim bail application - Accused-petitioner sought interim bail on the grounds of his father's serious medical condition requiring immediate surgery - The court considered the verification report confirming the father's ailment and the accused-petitioner's role as caretaker. (Paras 2, 4)

(B) Bail - The court emphasized that interim bail is granted under exceptional circumstances, particularly when the accused is the sole caretaker of an ailing family member. (Paras 4, 5)

Facts of the case:
The accused-petitioner filed for interim bail due to his father's medical condition, which required surgery, and he was the only son and caretaker.

Findings of Court:
The accused-petitioner was granted interim bail for one month upon furnishing a personal bond and sureties.

Issues: The main issue was whether the accused-petitioner should be granted interim bail considering his father's medical emergency.

Ratio Decidendi: The court held that the serious health condition of the accused-petitioner's father warranted the granting of interim bail, highlighting the importance of familial responsibilities in such situations.

Result: Application for interim bail allowed.

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 only son of Mahaveer, the accused-petitioner's mother is aged around 77 years, therefore, considering the above report and medical papers of the accused- petitioner's father, this Court deems it proper to enlarge the accused-petitioner on interim bail for a period of one month's starting from the date of release. The accused-petitioner shall surrender before the concerned Jail Authority on or before the expiry of one month i.e. 12.03.2025.

5. Accordingly, the application for grant of interim bail of the accused-petitioner- Nitesh Kumar @ Sonu @ Dada S/o Mahaveer Prasad, is allowed and it is ordered that the accuse- petitioner in connection with FIR No.44/2022, registered at Police Station Bagad, District Jhunjhunu, shall be enlarged on interim bail for a period of one month's commencing from today i.e. 10.02.2025 on furnishing a personal bond in the sum of Rs.50,000/- and two sureties in the sum of Rs.25,000/- each to the satisfaction of the learned trial court. Needless to say that after availing interim bail, the accused-petitioner shall surrender before the concerned Jail Authority on or before the expiry of one month i.e. 12.03.2025.

6. The concerned Jail Authority is directed to send the report to trial Court regarding surrender of the accused-petitioner.

7. In case the petitioner fails to surrender before the Jail Authority within stipulated time, his bail bonds shall stands forfeited and the proceedings for arresting the accused-petitioner shall be initiated immediately by the trial Court.

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