[2025:RJ-JD:33992]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 7895/2025 Budhram Alias Surendra S/o Shri Ashuram, Aged About 30 Years, R/o Jugtaniyon Ki Dhani, Aalpura, P.s. Gudhamalani, District Barmer. (Presently Lodged At Barmer Jail)

----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Kapil Purohit. For Respondent(s) : Mr. HS Jodha, PP.

HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

01/08/2025

1. The present interim bail application under Section 483 of BNSS (corresponding to Section 439 Cr.P.C.) has been filed by the petitioner on the ground of his wife’s illness.

2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated without any specific role being assigned to him. It is further submitted that the petitioner's wife is seriously ill and requires urgent medical treatment. The petitioner is willing to furnish surety and comply with all conditions imposed by the Court. It is, therefore, prayed that the petitioner may be released on interim bail for a period of 30 days.

3. In compliance with the order dated 08.07.2025 passed by Co- ordinate Bench of this Court, learned Public Prosecutor placed on record a factual medical report, which initially was not in detail. However, vide further order dated 28.07.2025, the learned Public Prosecutor was again directed to produce a detailed medical report.

4. Today, the learned Public Prosecutor has submitted the fresh medical report dated 30.07.2025 issued by the Principal Medical Officer Sub District Hospital, Dhorimana, District Barmer, upon a bare perusal, it reveals that Dhapu Kumari wife of the petitioner Budhram @ Surendra, requires surgical intervention and blood transfusion.

5. Learned Public Prosecutor has opposed the prayer for interim bail, however, he has not disputed the medical condition of the petitioner’s wife.

6. Having considered the overall facts and circumstances of the case, particularly the medical condition of the petitioner’s wife, and the fact that the petitioner is unable to provide necessary care while in custody, this Court deems it just and proper to grant interim bail to the petitioner for a period of 20 days from the date of his actual release.

7. Accordingly, the interim bail application filed under Section 483 of BNSS (439 Cr.P.C.) is allowed and it is directed that petitioner-Budhram Alias Surendra S/o Shri Ashuram, arrested in connection with F.I.R. No.69/2025 registered at Police Station Gudhamalani, District Barmer for the offences under Section 8/15 of NDPS Act and Section 3/25 of Arms Act, be released on interim bail for a period of 20 days, 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. However, the Jail Authorities are directed to mention date and time of release and surrender in the release order, at the time of release. The medical report dated 30.07.2025 produced by the learned Public Prosecutor be taken on record.

8. Let this bail application be again listed on 27.08.2025. Learned Public Prosecutor shall be required to submit the compliance report of the order with date and time, whether petitioner has surrendered or not.

(MUKESH RAJPUROHIT),J

120-/Jitender//-