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2026 Supreme(Online)(Raj) 15307

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Chandra Shekhar Sharma, J
KUMBHA RAM ALIAS MUNNA – Appellant
Versus
STATE OF RAJASTHAN – Respondent
S.B. Criminal Miscellaneous Bail Application No. 6581/2026



Advocates:
For the Appellants/Petitioners: Vijay Kumar Gaur
For the Respondents: Surednra Bishnoi, O. P. Choudhary

Interim bail may be granted on humanitarian grounds under Section 483 BNSS when the presence of the accused is essential for the medical care of a seriously ill parent and no other caregiver is available.

Headnote:The petitioner filed an application for interim bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) in relation to FIR No. 182/2025 for offences under Sections 8/15 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The petitioner sought release on the grounds that his mother is suffering from serious ailments requiring surgery and there is no other family member available to provide necessary care. The court found the medical condition of the petitioner's mother and the necessity of his presence for her treatment to be sufficient grounds for temporary release. The primary issue was whether the medical emergency of a close relative justifies the grant of interim bail to an accused in an NDPS case. The court reasoned that, having considered the facts and circumstances, it is just and proper to grant interim bail to ensure the care and treatment of the petitioner's mother. Accordingly, the interim bail application filed under Section 483 of B.N.S.S. is allowed.

Order

The present interim bail application under Section 483 BNSS has been filed by the petitioner who is in custody in connection with FIR No. 182/2025 registered at Police Station Pachpadra, District Balotra for the offences punishable under Sections 8/15, 29 of the NDPS Act.

Learned counsel for the petitioner submits that the mother of the petitioner namely Muli Devi is suffering from serious ailments and doctors have advised surgery/operation for her treatment. It is further submitted that there is no other family member available to look after and take care of his mother and therefore the presence of the petitioner is necessary. Learned counsel therefore prayed that the petitioner may be released on interim bail for a period of one month.

Learned Public Prosecutor opposed the interim bail application of the accused-petitioner.

Having considered the facts and circumstances of the case and keeping in view the medical condition of the petitioner's mother and the necessity of the petitioner's presence for her treatment and care, this Court deems it just and proper to grant interim bail to the accused-petitioner for a period of 30 days.

Accordingly, the interim bail application filed under Section 483 of B.N.S.S. is allowed and it is directed that petitioner Kumbha Ram @ Munna S/o Rupa Ram arrested in connection with FIR No.182/2025 registered at Police Station Pachpadra, District Balotra for the offences punishable under Sections 8/15, 29 of the NDPS Act, be released on interim bail for a period of 30 days, subject to the condition that he shall deposit a sum of Rs.3,00,000/- before the trial court and provided he furnishes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties in the sum of Rs.50,000/- each to the satisfaction of learned trial court, out of which one surety shall be a close relative of the petitioner, for his surrender on completion of 30 days from the date of actual release.

If the petitioner surrenders within the stipulated period before the concerned Jail, then the amount of Rs.3,00,000/- 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.

Let this bail application be again listed on 29.06.2026 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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