Kalu Singh vs State Of Rajasthan

Vinit Kumar Mathur, J

The petitioner has been arrested in connection with F.I.R. No.91/2021, Police Station Rashmi, District Chittorgarh for the offence punishable under Sections 8/15 & 8/25 of NDPS Act. He has preferred this interim bail application under Section 439 of Cr.P.C.

Heard. Perused the material on record.

Mr. Keshav Dutt, brother-in-law of the petitioner present in the Court submits that petitioner’s father is suffering from heart ailment and is admitted in the hospital. He submits that Doctors have advised bypass surgery for the same. He further submits that there is no other male member in the family to look after the well being of the petitioner’s father. He, therefore, prays that the petitioner may be enlarged on interim bail in police custody.

Learned Public Prosecutor has verified the fact of the ailment being suffered by petitioner’s father. The verification report is taken on record.

Considering the facts of the present case that petitioner’s father is critical and has to undergo bypass surgery, this Court deems it just and proper to grant interim bail to the petitioner under Section 439 of Cr.P.C. for a period of 10 days from the date of his actual release.

Accordingly, the interim bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Kalu Singh S/o Sh Joda Singh Rajput be released on interim bail for ten days under custody of police guards. The cost of providing guards shall be deposited by the petitioner before his release on interim bail from the jail.

Let this bail application be again listed on 05.07.2024, and on that date, learned Public Prosecutor and learned counsel for the petitioner shall submit the compliance of this order.