[2026:RJ-JD:10306]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Writ Petition No. 463/2026 Opendra Kumar S/o Sh. Trilok Chandra, Aged About 47 Years, R/o Ward No. 2 Panwana, Tehsil Laxmangarh, Bidasar, Dist. Sikar At Present Lodged At Central Jail Jodhpur.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Director General Of Police, Headquarters Jaipur

3. The Superintendent Of Jail, Jodhpur ----Respondents For Petitioner(s) : Mr. Sangram Singh For Respondent(s) : Mr. Shri Ram Choudhary, AGA HON'BLE MR. JUSTICE FARJAND ALI

Order

25/02/2026

1. The present writ petition has been preferred under Articles 226 and 227 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of interim bail to the petitioner, who is presently lodged in judicial custody.

2. It is not in disputed that the petitioner is an under-trial prisoner and has been in custody since 17.03.2023 in connection with FIR No.123/2024 registered at Police Station Mahamandir, Jodhpur East for the offences punishable under Sections 420, 406 and 120-B of the IPC, Sections 4, 5 & 6 of the Prize Chits & Money Circulation Schemes (Banning) Act, 1978 and Sections 3/21, 4/22 & 5/25 of the Banning of Unregulated Deposits Schemes Act, 2019. It is further borne out from the record that other FIRs of similar nature have also been registered against the petitioner, the details whereof have been placed on record as Annexure-1.

3. The petitioner seeks interim release on humanitarian grounds on account of the serious medical condition of his mother, namely Smt. Sarwani Devi, aged about 69 years. It has been pleaded that she is suffering from advanced osteoarthritis (OA) of both knees and is experiencing acute and debilitating pain. The medical documents placed on record reflect that upon clinical examination at Rajakiya Shri Kalyan Chikitsalaya, she has been advised to undergo total knee replacement surgery for both knees. Copies of the relevant medical reports have been annexed as Annexure-2.

4. It is further pleaded that in the second round of examination, the treating doctor recommended that the petitioner’s mother be admitted for surgery at the earliest, though the date of admission and operation is yet to be finalized. It is submitted that the presence of the petitioner is necessary for completing hospital formalities, arranging admission and attending to his mother during the surgical procedure and post-operative period. It has also been stated that the petitioner’s elder brother is serving in the Indian Army and is presently posted outside the State of Rajasthan.

5. Learned counsel for the petitioner submits that due to the pendency of multiple FIRs arising out of similar transactions, it is practically difficult for the petitioner to seek separate interim relief in each case and, therefore, invocation of the extraordinary jurisdiction of this Court is justified. It is contended that the relief sought is strictly time-bound, humanitarian in nature and without touching upon the merits of the pending criminal cases.

6. Per contra, learned AGA opposes the prayer for interim bail but does not seriously dispute the medical condition of the petitioner’s mother as reflected from the documents placed on record. It is submitted that if any indulgence is granted, the same may be made subject to stringent conditions.

7. Heard learned counsel for the petitioner and learned AGA for the State and perused the material placed on record.

8. The scope of the present petition is confined to grant of interim bail for a limited period on humanitarian grounds. The petitioner is not seeking adjudication on merits of the allegations levelled in the FIRs, nor is he seeking regular bail. The multiplicity of criminal proceedings arising out of similar transactions, coupled with the emergent medical condition of the petitioner’s mother, renders the present writ petition maintainable in exercise of extraordinary jurisdiction of this Co