Samaun vs State of Rajasthan

The present interim bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with

F.I.R. No. 10/2019, Police Station Suratgarh, District Sriganganagar, registered for the offence punishable under Sections 8/22 of the NDPS Act.

In compliance of the earlier direction dated 07.04.2021, learned Public Prosecutor has submitted the requisite verification report; and as per that

verification report, operation of the petitioner's mother is necessary.

Learned counsel for the petitioner appearing through video conferencing stated that petitioner's mother is suffering from kidney stone as well as harnia

and, therefore, operations in regard to the illness of petitioner's mother are urgently required. Learned counsel prayed that the interim bail may be

allowed and the petitioner may be ordered to be released from prison for a specified period, as this Court thinks fit.

Per contra, learned Public Prosecutor, present-in-person opposed the interim bail application of the accused-petitioner but not in a position to

controvert this fact that there is no other male member available in the family of the accused-petitioner, as per statement of the accused-petitioner that

he is the only son of the parents and as per verification report, for better treatment, operation of the petitioner's mother is required to be carried out.

Heard learned counsel for the accused-petitioner through video conferencing as well as learned Public Prosecutor, present- in-person. Perused the

material available on record.

Having regard to the facts and circumstances of the case, particularly to the fact that no-one except the accused-petitioner is available in the family to

look after his mother, who is suffering from ailment of kidney stone and harnia, therefore, without expressing any opinion on the merits/demerits of the

case, this Court is of the opinion that the interim bail application filed by the petitioner deserves to be accepted.

Consequently, the present interim bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused- petitioner, Samaun S/o late

Mumtaj Khan, arrested in connection with F.I.R. No. 10/2019, Police Station Suratgarh, District Sriganganagar, shall be released on interim bail for a

period of 20 (twenty) days from the date of his actual release from the prison, provided he furnishes a personal bond of Rs.1,00,000/- and two sound

and solvent surety bonds of Rs. 50,000/- each to the satisfaction of the concerned Superintendent of the Sub Jail.

However, in the circumstances of the case, it is clarified that in addition to the above conditions regarding furnishing of personal bond and surety

bonds, the concerned Superintendent shall be at liberty to impose any other usual condition(s) for ensuring surrender of the accused-petitioner into the

Jail after expiry of the period of the interim bail.