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Judgment
8 paragraphs · 386 wordsH.S. Grewal, J
This is the second petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of interim bail to the petitioner in case FIR No.62 dated 20.04.2025, registered under Sections 15(c) and 60 of the NDPS Act, 1985 and Section 341 of the BNS, 2023 (Section 472/473 IPC) at Police Station Bahu Akbarpur, District Rohtak, Haryana.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and the mandatory provisions of the NDPS Act were not duly complied with by the investigating agency. She further submits that the mother of the petitioner is suffering from kidney stones and there is no one in the family to look after her. She further submits that the surgery has to be performed on 21.05.2026 but the same could not be done as there was no attendant. Learned counsel has referred to the medical documents at Annexure P- 2. She, therefore, prays for grant of interim bail to the petitioner for a period of 08 weeks.
Learned State counsel has filed the verification report by way of an affidavit of Mr. Ayush Yadav, IPS, Additional Superintendent of Police, ROhtak in Court, which is taken on record. He affirmed the medical condition of the mother of the petitioner.
I have heard learned counsel for the parties and have gone through the record.
Considering the fact that the petitioner seeks interim bail on account of surgery of his mother, there is no one in the family to look after her which stands verified by the State and also keeping in view the limited period of prayer, this Court is of the opinion that the petitioner deserves to be granted interim bail.
Consequently, the petition is allowed and the petitioner is ordered to be released on interim bail for a period of 06 weeks from the date of his actual release, subject to his furnishing requisite bonds to the satisfaction of the Trial Court/Duty Magistrate in accordance with law. Upon expiry of the aforesaid period, the petitioner shall surrender before the concerned jail forthwith.
It is made clear that in case the petitioner misuses the concession of interim bail, the State shall be at liberty to seek appropriate remedy in accordance with law.