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2026 Supreme(Online)(Raj) 14889

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Baljinder Singh Sandhu, J
BHAWANI SINGH ALIAS RAJA ALIAS RAJU SINGH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
S.B. Criminal Misc. Interim Bail Application No. 6275/2026



Advocates:
For the Appellants/Petitioners: Suresh Kumar
For the Respondents: Surendra Bishnoi

Interim bail may be granted under Section 483 BNSS on humanitarian grounds when a close family member requires urgent medical surgery and no other caregiver is available, subject to strict conditions and verification of medical reports.

Headnote:The petitioner filed an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) seeking interim bail on the grounds that his spouse required urgent spine surgery and there was no other family member available to provide necessary care. The court reviewed the medical reports and verified the facts through the Public Prosecutor, finding the request justified on humanitarian grounds. The primary issue was whether the medical necessity of the petitioner's wife warranted a temporary release from custody. The court reasoned that having considered the facts and circumstances, specifically the medical report suggesting the necessity of surgery and the absence of other caregivers, it was just and proper to grant a limited period of release. Accordingly, this interim bail application filed under Section 483 BNSS is allowed.

Order

The present interim bail application under Section 483 BNSS has been filed by the petitioner on the ground that his wife is required to undergo spine surgery, for which the date was fixed as 11.05.2026.

Learned counsel submits that the spine surgery of the petitioner’s wife could not be undertaken as she was alone and there is no one to take care of her. Learned counsel, therefore, prayed that the petitioner be released immediately on interim bail for a period of two months so that his wife’s surgery may be carried out.

Learned Public Prosecutor has verified the fact and submitted the report, which is taken on record.

The medical report suggests that the petitioner's wife has to undergo spine surgery and there is no one in the family to take care of her.

Having considered the facts and circumstances of the case, this Court deems it just and proper to grant interim bail to the petitioner for a period 20 days.

Accordingly, this interim bail application filed under Section 483 BNSS is allowed and it is directed that petitioner - Bhawani Singh @ Raja @ Raju Singh S/o Gulab Singh arrested in connection with F.I.R. No.16/2025, registered at Police Station Dechu, District Phalodi for the offences under Sections 191(2), 191(3), 103(1), 61(2)(a)/190 of BNS and Sections 3/25(1B)(A) and 5/27 of Arms Act, shall be released on interim bail for a period of 20 days, provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sound and solvent sureties in the sum of Rs.50,000/- (out of which one surety will be of a close relative of the petitioner) each to the satisfaction of the learned trial court for his surrender on completion of 20 days from the date of his actual release.

(i) the petitioner shall surrender himself before the concerned jail authorities immediately upon expiry of the interim bail period of 20 days, unless the period is extended by a competent court;

(ii) the petitioner shall neither tamper with the evidence in the matter, nor directly or indirectly make any inducement, threat or promise to any acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or any Police Officer;

(iii) the petitioner shall not leave the State of Rajasthan without prior permission of the Court concerned;

(iv) the petitioner and the sureties of the petitioner will keep their mobile phones in active mode and in case of change of their mobile numbers, intimation in this regard will be given to the Court concerned by way of an affidavit.

Let this interim bail application be again listed on 05.06.2026.

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

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