Order

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:

Learned counsel for the petitioner submitted that petitioner’s wife is suffering from serious ailment – abdominal and urinary problem and she has been advised to ovarian cystectomy surgery and for this purpose petitioner’s assistance is required, as the petitioner is only male person in his family. It is therefore prayed that the petitioner may be released on interim bail for a period of 60 days.

A Coordinate Bench of this Court, vide order dated 01.04.2026, had directed learned Public Prosecutor to submit the report regarding the ailment of petitioner’s wife.

Today, learned Public Prosecutor has produced the report dated 09.04.2026, received from the SHO, P.S. Mandli, District Balotra along with medical report of Dr. Kishan Gopal Barupal, Professor & Unit Head (Medicine Department), Mathuradas Mathur Hospital, Jodhpur. A perusal whereof indicates that the petitioner’ wife has been advised to ovarian cystectomy surgery. The report is taken on record.

Learned Public Prosecutor opposed the interim bail application. However, has not disputed the factum of ailment of petitioner’s wife as well as the ovarian cystectomy surgery which is advised by the Professor & Unit Head (Medicine Department), Mathuradas Mathur Hospital, Jodhpur.

Having heard learned counsel for the parties and considered the facts and circumstances of the case, perusal of the record, so also the fact that the petitioner’s wife has been advised to undergo ovarian cystectomy surgery, without expressing any opinion on merits/demerits of the case, this Court deems it just and proper to grant interim bail to the petitioner for a period 30 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 30 days, provided that 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 30 days from the date of actual release. The date of release and surrender shall be mentioned on the release order.

Let this bail application be again listed on 11.05.2026.

Learned Public Prosecutor shall be required to submit the compliance report of the order whether petitioner has surrendered or not.