Interim bail may be granted to an accused under the NDPS Act on humanitarian grounds when a spouse suffers from a critical medical condition requiring surgical intervention and the accused is the primary caregiver.

Order

15/05/2026

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 submits that the petitioner’s wife is suffering from DUB and Dysmenorrhea with RT ovarian cyst and has been advised surgical management for definitive treatment. It is further submitted that the petitioner is the only male member in the family, apart from his aged father, to take care of his wife during the course of her treatment. It is, therefore, prayed that the petitioner may be released on interim bail for a period of two months.

Vide order dated 04.05.2026, the learned Public Prosecutor was directed to procure the medical report of the petitioner’s wife. Today, the learned Public Prosecutor has produced the report dated 06.05.2026 submitted by the S.H.O., Police Station Lohawat, Phalodi, along with certain medical documents issued by the District Hospital, Dhorimana. The said medical report indicates that the petitioner’s wife is suffering from DUB and Dysmenorrhea with RT ovarian cyst and has been advised surgical management for definitive treatment. The reports are taken on record.

Learned Public Prosecutor has opposed the prayer for interim bail; however, he has not disputed the factum of ailment of the petitioner’s wife.

Having heard learned counsel for the parties and upon consideration of the facts and circumstances of the case, particularly the fact that the petitioner’s wife is suffering from DUB and Dysmenorrhea with RT ovarian cyst and requires surgical treatment, without expressing any opinion on the merits/demerits of the case, this Court deems it just and proper to grant interim bail to the accused-petitioner for a period of 45 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 45 days, subject to the condition that he shall deposit a sum of Rs.5,00,000/- before the trial court and 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 45 days from the date of actual release.

If the petitioner surrenders within the stipulated period before the concerned Jail, then the amount of Rs.5,00,000/- so deposited before the trial court shall be refunded back to him whereas if the petitioner fails to surrender within the stipulated period, then the amount so deposited shall be forfeited immediately.

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 03.07.2026.