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2026 Supreme(Online)(Raj) 13871

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Pramil Kumar Mathur, J
Rahul – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous 4th Bail (Interim) Application No. 5628/2026



Advocates:
For the Appellants/Petitioners: Anuj Rohila, Siddarth Sogani
For the Respondents: Vivek Sharma

Interim bail may be granted on humanitarian grounds to allow a prisoner to perform religious ceremonies following the death of a parent.

Headnote:(A) Interim Bail - Humanitarian Grounds - Death of Parent - Grant of interim bail to a petitioner for performing religious ceremonies following the demise of his father is permissible on humanitarian grounds, without expressing an opinion on the merits of the case. (Para 5)

Issues: Whether the petitioner is entitled to interim bail on the ground of his father's demise.

Order

1. The petitioner has filed this interim bail application under Section 483 of BNSS in FIR No.5/2020 registered at Police Station Pahadi, District Bharatpur for offence under Sections 147 , 148, 149, 323, 341, 302 of IPC, 1860 and Section 25(3) of Arms Act, 1959.

2. Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material available on record.

3. Learned counsel for the petitioner submits that the petitioner is in judicial custody in connection with the aforesaid case. The present interim bail application has been filed by the petitioner on the ground of demise of his father-Illiyas on 06.04.2026. Hence, in order to perform the religious ceremonies, the petitioner may kindly be granted interim bail for a period of 15 days. In support of his contention, he has filed the relevant papers issued by the concerned Hospital as well as the receipt of the dead body which indicates the death of deceased Illiyas. It is therefore, prayed that the petitioner may be granted interim bail for a period of 15 days. It is further submitted that the petitioner shall surrender himself immediately after expiry of the interim bail period and shall not misuse the liberty so granted.

4. Learned Public Prosecutor has not disputed the contention made by the learned counsel for the petitioner regarding the death of his father on 06.04.2026.

5. Having considered the submissions made by the learned counsel for the parties and after perusing the material available on record, this Court is of the view that the father of the petitioner was expired, thus, on humanitarian ground, the presence of the petitioner is required for religious ceremonies. Hence, without expressing any opinion on the merits of the case, this Court deems it appropriate to grant interim bail to the petitioner for a period of ten days i.e. 13.04.2026 to 22.04.2026.

6. The petitioner Rahul S/o Illiyas is directed to be released on interim bail for a period of 10 days (i.e. 13.04.2026 to 22.04.2026), in connection with aforesaid FIR on his furnishing a personal bond in the sum of Rs. 50,000/- with one surety of the like amount to the satisfaction of the Trial Court / Jail Authority, subject to the condition that the petitioner shall surrender before the concerned jail authorities on completion of the period of interim bail.

7. It is made clear that if the petitioner fails to surrender after the expiry of the interim bail period, the authorities shall be at liberty to proceed against him in accordance with law.

8. The application stands disposed of accordingly.

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