Rajasthan High Court - Jodhpur
Bhagirath vs State Of Rajasthan (2025:Rj-Jd:46468) on 28 October, 2025
[2025:RJ-JD:46468]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Interim Bail Application No. 13050/2025
Bhagirath S/o Shri Sawatha Ram, Aged About 45 Years, Resident
Of Rajeev Nagar Pur Police Station Sanchore District Jalore
Rajasthan (Presently Lodged At Sub Jail Sanchore)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Deepak Bishnoi.
For Respondent(s) : Mr. Pawan Bhati a/w Mr. PS Panwar,
PP.
Mr. Nikhil Bhandari for complainant.
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
28/10/2025
1. The petitioner has filed the present interim bail application
seeking the following reliefs:-
"It is, therefore humbly and respectfully prayed
that criminal misc. interim Bail application under
section 483 BNS/439 CrPC of the petitioner may kindly
be allowed and the accused/petitioner may kindly be
enlarged on interim bail in FIR no. 374/2024 PS
Sanchore for the offence under section 189(2), 140
(2), 308(4), 309 (6), 103(1), 238 (b), 61 (2) (A) BNS
for 30 days. Any other order which this Hon'ble court
deems fit just and proper in the fact and
circumstances of the case may kindly be in the passed
in favour of the petitioner"
2. Learned counsel for the petitioner submits that the
petitioner's father expired on 15.10.2025 and as per the last rites,
the petitioner seeks interim bail for a period of 30 days.
3. Learned counsel for the petitioner submits that the petitioner
deserves to be released on interim bail in view of the judgment of
the Hon'ble Supreme Court rendered in Asfaq vs. State of
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Rajasthan, AIR 2017 SC 4986, the relevant extract of which
reads as follows:-
"Such a release of the prisoner on parole can also
be temporarily on some basic grounds. In that
eventuality, it is to be treated as mere suspension of
the sentence for time being, keeping the quantum of
sentence intact. Release on parole is designed to afford
some relief to the prisoners in certain specified
exigencies. Such paroles are normally granted in certain
situations some of which may be as follows:-
(i) a member of the prisoner's family has died or is
seriously ill or the prisoner himself is seriously ill; or
(ii) the marriage of the prisoner himself, his son,
daughter, grandson, grand daughter, brother, sister,
sister's son or daughter is to be celebrated; or
(iii) the temporary release of the prisoner is necessary
for ploughing, sowing or harvesting or carrying on any
other agricultural operation of his land or his father's
undivided land actually in possession of the prisoner; or
(iv) it is desirable to do so for any other sufficient
cause;
(v) parole can be granted only after a portion of
sentence is already served;
(vi) if conditions of parole are not abided by the parolee
he may be returned to serve his sentence in prison,
such conditions may be such as those of committing a
new offence; and
(vii) parole may also be granted on the basis of aspects
related to health of convict himself."
4. Learned Public Prosecutor submitted a report dated
27.10.2025, wherein it is mentioned that the petitioner's father
expired on 15.10.2025 and by order dated 16.10.2025 of the
learned Additional Sessions Judge, Sanchore, the accused-
petitioner was permitted to attend the cremation under police
escort and was thereafter returned to Sub-Jail, Sanchore. He,
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therefore, opposes the prayer made on behalf of the petitioner for
interim bail.
5. Learned counsel for the complainant also vehemently
opposes this interim bail application.
6. After hearing learned counsel for the parties and perusing
the material available on record as well as the law laid down by
the Hon'ble Apex Court in Asfaq (supra), this Court deems it
appropriate to enlarge the petitioner on temporary/interim bail for
a period of 15 (fifteen) days.
7. Accordingly, the interim bail application filed under Section
483 of BNSS (439 Cr.P.C.) is allowed and it is directed that
petitioner Bhagirath Ram S/o Sawantaram, arrested in
connection with F.I.R. No.374/2024 registered at Police Station
Sanchore, District Sanchore, be released on interim bail for a
period of 15 (fifteen) days, subject to the condition that he shall
furnish a personal bond in a sum of Rs.3,00,000/- with two
sound and solvent sureties in the sum of Rs.1,00,000/- (out of
which one surety will be a close relative of the petitioner)
each to the satisfaction of Superintendent of Central Jail for his
surrender on completion of 15 (fifteen) days from the date of
actual release. However, the Jail Authorities are directed to
mention date and time of release and surrender in the release
order, at the time of release. During this period, the petitioner
shall remain within the territorial jurisdiction. It is further directed
that on being released, the petitioner shall not enter the area of
the complainant's residence/house. The report dated 27.10.2025
be taken on record.
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8. List the matter on 14.11.2025. Learned Public Prosecutor is
directed to file a report regarding the surrender of the accused
after availing interim bail for a period of 15 (fifteen) days, on the
next date of hearing.
(MUKESH RAJPUROHIT),J
379-/Jitender//-
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