Rahul vs State Of Rajasthan

Kuldeep Mathur, J

The present miscellaneous interim bail application under Section 439 Cr.P.C. has been filed by the petitioner in connection with F.I.R. No.358/2021, registered at Police Station Kuri Bhagtasani, District Jodhpur for the offences under Sections 8/18 and 8/28 of the NDPS Act.

Learned counsel for the petitioner submitted that the mother of the petitioner is an HIV patient and presently, she is suffering from serious ailments and therefore, the petitioner being the only able bodied member in the family, may be granted interim bail for a period of 30 days so as to make necessary arrangements for the treatment of his mother.

This Court vide order dated 13.03.2024, directed the learned Public Prosecutor to procure the factual report with regard to the ailments of the petitioner’s mother.

In compliance of the order dated 13.03.2024, learned Public Prosecutor has placed the relevant documents regarding the ailments of the petitioner’s mother.

On a careful perusal of the documents, this Court finds that the petitioner deserves to be enlarged on bail for a period of 30 days on humanitarian grounds.

Per Contra, learned Public Prosecutor has opposed the interim bail application.

Having consider the rival submissions made by the learned counsel for the petitioner as well as the learned Public Prosecutor and after taking into consideration the relevant medical documents placed on record by the learned Public Prosecutor, this Court deems it fit to grant indulgence of temporary/interim bail to the present petitioner.

Accordingly, the interim bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Rahul S/o Shri Kamla Shankar, arrested in connection with F.I.R. No.358/2021, registered at Police Station Kuri Bhagtasani, District Jodhpur for the offences under Sections 8/18, 28 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.5,00,000/- before the trial court and provided he furnishes a personal bond in a sum of Rs.4,00,000/- with two sound and solvent sureties in the sum of Rs.2,00,000/- (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 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.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.

Let this bail application be again listed on 06.05.2024. Learned Public Prosecutor shall be required to submit the compliance report of the order whether petitioner has surrendered or not.