Interim bail may be granted on humanitarian grounds to an accused to perform the last rites of a deceased parent, subject to conditions ensuring the safety of the complainant.

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 father Visna Ram has expired on 30.04.2026 and he being son is required to attend and perform the last rite ceremony of his father and therefore, it is prayed that the petitioner may be released on interim bail for a period of 15 days.

Vide order dated 06.05.2026, learned Public Prosecutor was directed to procure report in respect to death of petitioner's father.

Today, learned PUblic Prosecutor has furnished the report dated 06.05.2026 sent by the S.H.O. Police Station Udaimandir, Jodhpur East, which reflects that petitioner's father has expired on 30.04.2026. The report is taken on record.

Learned Public Prosecutor has opposed the interim bail, however, he has not disputed the factum of death of the petitioner's father.

Having heard learned counsel for the parties and considered the facts and circumstances of the case, so also the fact that the petitioner’s father has expired on 30.04.2026 and he has to attend the last rite ceremony of his father, without expressing any opinion on merits/demerits of the case, this Court deems it just and proper to grant interim bail to the accused petitioner for a period 15 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 15 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 15 days from the date of actual release.

It is made clear that during the period of interim bail, the petitioner shall not enter in the premises of the complainant and shall also not visit the vicinity thereof. In the event the petitioner enters the vicinity of the complainant or makes any attempt to threaten, intimidate, or cause any harm to the complainant, it shall be open to the complainant to move an application seeking cancellation of the interim bail granted to the petitioner.

Learned Public Prosecutor shall be required to submit the compliance report, whether petitioner has surrendered or not, on the next date of hearing.

Let this bail application be again listed on 25.05.2026.