##PAGE1##

[2026:RJ-JP:13255]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 4020/2026

Girraj S/o Ramkaran, Aged About 39 Years, R/o Rajgarh, Police Station Sangod, District Kota Rural (Raj.) (At Present Confined In

Central Jail Kota).

----Petitioner Versus

The State of Rajasthan, Through PP ----Respondent

For Petitioner(s) : Mr. S.K. Lamba, Mr. Abhijeet Prajapati

For Respondent(s) : Mr. Vivek Choudhary, PP HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Order

30/03/2026

1. The instant interim application has been submitted by the petitioner on the ground of performing the last rites and rituals of his mother-in-law, Gopali Bai who has passed away on

01.03.2026.

2. Counsel submits that an FIR No. 269/2024 against the petitioner was registered with the Police Station Borkhera, District

Kota City under Section 103(1) of the BNS, 2023.

3. Learned counsel for the petitioner submits that the petitioner along with his wife Urmila was residing with his mother-in-law Gopali Bai who passed away on 01.03.2026 and since Gopali Bai do not have any son, hence, presence of the petitioner is required

to perform the last rites and rituals of his mother-in-law.

4. Per contra, learned Public Prosecutor opposes the prayer.

(Uploaded on 06/04/2026 at 02:53:38 PM)

(Downloaded on 11/04/2026 at 05:47:57 PM)

[2026:RJ-JP:13255] (2 of 3) [CRLMB-4020/2026] 5. This Court vide order dated 28.03.2026 directed the Public Prosecutor to get the verification report with regard to factum of death of mother-in-law of the petitioner from the concerned police station. In pursuance of the aforesaid directions, the learned Public Prosecutor has received verification report from the S.H.O., Police Station Borkhera, District Kota City dated 29.03.2026 which verifies that mother-in-law of the petitioner has passed away on 01.03.2026 and the petitioner was residing with her prior to

lodging of the FIR against him.

6. Though, her funeral has taken place on 02.03.2026 by her daughter Urmila, who is wife of the petitioner but looking to the fact that the petitioner was also residing with his mother-in-law therefore, his presence is required for performing the other last

rites and rituals as son, after death of his mother-in-law.

7. This Court observes that there is no distinction between the son and the son-in-law and when this Court is liberal in granting and entertaining the interim applications submitted by the sons for their release on interim bail for performing the last rites and rituals of their deceased parents, then, certainly a son-in-law also have the same rights. In the instant case, since the petitioner was residing with his in-laws, no distinction can be carried out between a son and a son-in-law, under the changed scenario of the society. 8. Considering the overall facts and circumstances of the case, the interim application submitted by the petitioner for performing the last rites and rituals of his deceased mother-in-law stands allowed. The Superintendent of Central Jail, Kota is directed to release the petitioner on interim bail of 10 days with effect from the date of submission of the certified copy of this order with the

(Uploaded on 06/04/2026 at 02:53:38 PM)

(Downloaded on 11/04/2026 at 05:47:57 PM)

[2026:RJ-JP:13255] (3 of 3) [CRLMB-4020/2026] direction that the petitioner would appear immediately before the concerned jail authorities, after completion of 10 days period subject to furnishing of a personal and two surety bonds to the

satisfaction of the Superintendent of Central Jail, Kota.

9. The factual report dated 29.03.2026 furnished by the SHO, Police Station Borkhera, District Kota City is ordered to be retained

on record.

(ANOOP KUMAR DHAND),J

Puneet-Shivam/184s

(Uploaded on 06/04/2026 at 02:53:38 PM)

(Downloaded on 11/04/2026 at 05:47:57 PM)