[2026:RJ-JD:12379-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc. Appli No. 5/2026 Rajkumar Alias Rajesh @ Raju S/o Lalu Ram, Aged About 41 Years, R/o House No. 6/2, Gali No.2, Kanji Ka Hata, Police Station Ghantaghar, District Udaipur (Raj) (At Present Lodged In Central Jail Udaipur)

----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Navneet Poonia For Respondent(s) : Mr. Sharwan Singh Rathore, Dy.GA HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE SANDEEP SHAH

Order

16/03/2026

1. The instant misc. application has been preferred on behalf of the applicant seeking relaxation of the condition imposed by a Division Bench of this Hon’ble Court while allowing the D.B. Suspension of Sentence Application No.364/2025, whereby the condition of furnishing two sureties of Rs. 50,000/- each and a personal bond of Rs. 1,00,000/- was imposed.

2. It is contended that the applicant belongs to the lower echelon of society and is not in a position to furnish two sureties of Rs. 50,000/- each as ordered. On account of such inability, the applicant is being deprived of release on bail. Therefore, the applicant prays that he may be released on bail upon furnishing a personal bond in the sum of Rs. 1,00,000/- only.

3. Learned Public Prosecutor has furnished a report, which confirms the poor financial condition of the petitioner.

4. This Court observes that the Hon’ble Supreme Court in Ramchandra Thangappan Aachari v. State of Maharashtra, [SLP (Crl.) No.3363/2024, decided on 18.09.2024], while dealing with a similar situation where the accused could not avail the benefit of a bail order due to financial incapacity, held that the justice delivery mechanism cannot remain oblivious to the plight of indigent convicts who are unable to comply with onerous bail conditions on account of their economic condition. The Hon’ble Supreme Court further observed that continued detention of a person despite a bail order in his favour, merely on account of such inability, would amount to a travesty of justice and would infringe the liberty guaranteed under Article 21 of the Constitution of India, and consequently permitted release of the petitioner on a personal bond.

5. This Court further observes that the Hon’ble Supreme Court in In Re: Policy Strategy for Grant of Bail, [SMWP (Criminal) No.4/2021, decided on 31.01.2023], while addressing the issue of prisoners continuing in custody despite the grant of bail, emphasized that many accused persons remain incarcerated solely on account of their inability to comply with bail conditions due to poverty. The Hon’ble Supreme Court issued directions to ensure that such persons are not deprived of their liberty on account of financial incapacity and observed that courts may consider relaxation or modification of bail conditions where the economic condition of the accused prevents compliance with such conditions.

6. In view of the above fact situation and aforementioned precedents, the present misc. application filed by the applicant is allowed. The applicant – Rajkumar alias Rajesh @ Raju S/o Lalu Ram, shall be released on bail upon furnishing a personal bond in the sum of Rs. 1,00,000/- to the satisfaction of the learned trial Judge for his appearance before this Court on 20.04.2026 and whenever ordered to do so till the disposal of the appeal. The condition of furnishing two surety bonds is hereby waived. All other conditions imposed by the order dated 03.09.2025 are maintained.

(SANDEEP SHAH),J (DR.PUSHPENDRA SINGH BHATI),J

76-mohit/-