[2025:RJ-JD:53585]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 14912/2025

Mukesh Kumar S/o Jagdish Kumar, Aged About 30 Years, R/o

Dantiyawas Police Station Bhinmal District Jalore.

(Presently Lodged In Sanchore Jail)

----Petitioner

Versus

State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. Sanjay Bishnoi

For Respondent(s) : Mr. Surendra Bishnoi, PP

Mr. Vineet Jain, Sr. Advocate, assisted

by Mr. Harshwardhan Singh for

complainant

HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

10/12/2025

The present interim bail application under Section 483 of

BNSS (439 Cr.P.C.) has been filed by the petitioner who has been arrested in the present matter. The requisite details of the matter

are tabulated herein below:

S. No. Particulars of the case

1. FIR Number 424/2023 2. Police Station Sanchore

3. District Jalore

4. Offences alleged in the Under Sections 341, 302, 34 &

FIR 120-B IPC and Section 3/25 of

Arms Act

5. Offences added, if any Under Sections 212 & 201 IPC

and Section 7/27 of Arms Act

Learned counsel for the petitioner submitted that petitioner’s

father has to undergo hip replacement surgery (left side) and for this purpose petitioner’s assistance is required. It is therefore prayed that the petitioner may be released on interim bail for a

period of 30 days.

This Court, vide order dated 06.12.2025, had directed learned Public Prosecutor to submit the report regarding the ailment of petitioner’s father.

In compliance of the order dated 06.12.2025, learned Public Prosecutor has produced the report dated 08.12.2025, received from the SHO, P.S. Sanchore, Jalore alongwith report of Principal Medical Officer, Dept. of Orthopedic, District Hospital, Sanchore. A perusal whereof indicates that the petitioner’ father has been advised to undergo hip replacement surgery. The relevant portion of report is reproduced hereunder:-

“Suggested Treatment Revision Total Hip Replacement Surgery (Left Side)-

as soon as possible.”

Learned counsel for the petitioner submits that petitioner’s younger brother is studying in Bangalore and the petitioner is the only person who can take care his father during surgery.

Learned Public Prosecutor and Mr. Vineet Jain, learned Senior Advocate assisted by Mr. Harshwardhan Singh, learned counsel for the complainant have opposed the application for interim bail. Learned Public Prosecutor however, has not disputed the factum of ailment of petitioner’s father as well as the surgery which is advised by the Principal Medical Officer, Sanchore.

Having heard learned counsel for the parties and considered the facts and circumstances of the case, so also the fact that the petitioner’s father has been advised to undergo total hip replacement surgery (left side), without expressing any opinion on merits/demerits of the case, this Court deems it just and proper to grant interim bail to the accused petitioner for a period 20 days.

Accordingly, the interim bail application filed under Section

483 of BNSS (439 Cr.P.C.) is allowed and it is ordered that the accused-petitioner as named in the cause title, arrested in connection with the above mentioned FIR, shall be released on interim bail for a period of 20 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.2,00,000/- with two sound and solvent sureties in the sum of Rs.1,00,000/- (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 20 days from the date of actual release. The date of release and surrender shall be mentioned on the release order.

The petitioner shall also required to mark his attendance before the concerned SHO on every Monday of commencing week.

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