Rajeev Kumar @ Vijay Kumar vs State Of Rajasthan

Manoj Kumar Garg, J

The present interim bail application has been filed by the petitioner under Section 439 Cr.P.C. on the ground of ailment of his children.

Learned counsel for the petitioner submits that petitioner’s son-Ranveer is only about nine years old and he is suffering from mental disease GDD with microcephaly and his daughter Ishika is also suffering from Epilepsy disease and there is no other competent person in the family, who can look after his children, therefore, it is prayed in the application that he may be released on interim bail for a period of two months.

Learned Public Prosecutor has verified the fact of ailment of the children of the petitioner but opposed the prayer for interim bail.

Taking into consideration the fact that the son of the petitioner is severely mentally retarded due to GDD with microcephaly and seizure disorder and his daughter is suffering from Epilepsy disease and the presence of the petitioner is very much essential for treatment of his children, therefore, I deem it just and proper to grant him interim bail for a period of thirty days.

Accordingly, the interim bail application filed under Sec.439 Cr.P.C. is partly allowed and it is directed that petitioner Rajeev Kumar @ Vijay Kumar S/o Janakraj Singh arrested in connection with FIR No.6/2022, P.S. Chapper, District Churu for offences under Sections 8/22, 8/25 and 29 of NDPS Act, be released on interim bail for a period of thirty days subject to the condition that he shall deposit a sum of Rs.2.5 Lakhs 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/- each to the satisfaction of learned trial court for his surrender on completion of thirty days period from the date of his release. One surety should be furnished by the close relative of the petitioner.

If the petitioner surrenders within the stipulated period before the concerned Jail, then the amount of Rs.2.5 Lakhs so deposited before the trial Court shall be refunded to him and if the petitioner fails to surrender within the stipulated period, then the amount so deposited by the petitioner shall be forfeited immediately.

Let this bail application be again listed on 01.07.2024, and on that date, learned Public Prosecutor and learned counsel for the petitioner shall be required to submit the compliance of this order.