Rajasthan High Court - Jodhpur
Bhagirath Ram vs State Of Rajasthan (2025:Rj-Jd:39509) on 4 September, 2025
[2025:RJ-JD:39509]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Interim Bail Application
No. 9992/2025
Bhagirath Ram S/o Sawantaram, Aged About 45 Years, Resident
Of Kalupura, Pur, Tehsil Sanchore, District Jalore, (Rajasthan)
(Lodged In Dist. Jail, Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Deepak Bishnoi.
For Respondent(s) : Mr. Surendra Bishnoi, PP.
Mr. Nikhil Bhandari for complainant.
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
04/09/2025
1. The petitioner has filed the present interim bail application
seeking the following reliefs:-
"It is therefore, most respectfully and humbly
prayed that this interim bail application of the
petitioner may kindly be allowed and the petitioner,
Bhagirathram, be ordered to be released on interim bail
for a period of 40 days from the date of release, so that
he can perform the marriage ceremonies of his
daughter, Vimla, and the engagement of his younger
daughter, Anita.
Any other appropriate order or direction which
this Hon'ble Court may deem fit and proper in the facts
and circumstances of the case may kindly be passed in
favour of the humble petitioner."
2. In pursuance of the order dated 22.08.2025 passed by this
Court, learned Public Prosecutor has produced the factual report
regarding the marriage of the petitioner's daughter. The same has
been verified by the concerned SHO, confirming that the marriage
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of the petitioner's daughter, Vimla, is scheduled from 05.09.2025
to 07.09.2025.
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
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. Per contra, learned Public Prosecutor vehemently opposes
the prayer of the petitioner, but is not in a position to refute the
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fact that the marriage of the petitioner's daughter is scheduled
from 05.09.2025 to 07.09.2025.
5. Learned counsel for the complainant submits that the
petitioner is facing serious allegations under Sections 103(1),
140(2), 238(b) and 61(2)(a) of BNS, and even temporary bail
should not be granted as the petitioner may pose a threat to the
complainant deceased-father.
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 10 (ten) 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 Jalore, be released on interim bail for a period
of 10 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 10 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
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petitioner shall not enter the area of the complainant's
residence/house.
8. List the matter on 17.09.2025. Learned Public Prosecutor is
directed to file a report regarding the surrender of the accused
after availing interim bail for a period of 10 days, on the next date
of hearing.
9. Pending applications, if any, stand disposed of.
(MUKESH RAJPUROHIT),J
366-/Jitender//-
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