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Rajasthan High Court - Jodhpur

Suresh Vishnoi vs State Of Rajasthan (2026:Rj-Jd:16732) on 9 April, 2026

Author: Farjand Ali

Bench: Farjand Ali

[2026:RJ-JD:16732]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Criminal Writ Petition No. 1018/2026

Suresh Vishnoi S/o Bagada Ram, Aged About 28 Years, Through
Her Father Bagada Ram Son Of Gokul Ram, Age 62 Year,
Resident Of Saran Nagar, Banwarla, District Jodhpur Rajasthan
(At Present Lodged In Central Jail, Jodhpur)
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Pp Department Of Home
         Affairs, Government Of Rajasthan, Jaipur, Rajasthan
2.       The Director General Of Police, Jaipur Rajasthan
3.       The Superintendent Of Police, Jodhpur
4.       The Superintendent Of Central Jail, Jodhpur, Rajasthan
5.       The Station House Officer, Police Station Dangiyawas,
         District Jodhpur City East
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Jagdish Bhadu
For Respondent(s)         :     Mr. Surendra Bishnoi, AGA



                HON'BLE MR. JUSTICE FARJAND ALI

Order

09/04/2026

1. Matter comes upon an application seeking early hearing of

the case.

2. For the reasons and grounds mentioned in the application,

the same is allowed.

3. The matter is heard today itself.

4. The present writ petition has been preferred under Article

226 of the Constitution of India read with Section 528 of the

Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of

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interim bail to the petitioner, who is presently lodged in judicial

custody.

5. It is not in dispute that the petitioner is an under-trial

prisoner and has been incarcerated since November, 2019 in

connection with multiple FIRs. Over a period of time, other FIRs

have also been registered against him, the particulars whereof

have been detailed in Annexure-2 placed on record. For the ease

of reference, the particulars of the FIR's registered against the

petitioner are mentioned below:-

        FIR No.                    Police Station                        District
  FIR No.102/2023         Police Station Dangiyawas                      District
                                                                        Jodhpur.
 FIR No. 186/2023           Police Station Sendra                     District Pali
 FIR No. 118/2023              Police Station Bar                     District Pali
 FIR No. 126/2023           Police Station Sarthal                    District Bara
 FIR No. 201/2023         Police Station Dangiyawas               District Jodhpur
FIR No. 0024/2022         Police Station Dangiyawas               District Jodhpur
 FIR No. 135/2019          Police Station Nikumbh                       District
                                                                      Chittorgarh


6.    The    petitioner   seeks      interim       release       on    humanitarian

grounds on account of the serious medical condition of his father.

It is specifically pleaded that Percutaneous Transluminal Coronary

Angioplasty (PTCA) has been advised by the concerned doctor for

his father. Copies of the medical reports and receipts have been

placed on record. It is further submitted that, for the proposed

surgery, the presence and assistance of the petitioner, being the

son, is required to attend to medical formalities, post-operative

care, and other indispensable arrangements.

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7. Learned counsel for the petitioner submits that the continued

incarceration of the petitioner since 2019, coupled with the

emergent medical condition of his father, warrants indulgence of

this Court for a limited period. It is contended that the relief

sought is purely temporary, humanitarian in character and does

not touch upon the merits of the pending criminal cases.

8. Per contra, learned AGA opposes the prayer for interim bail

but does not seriously dispute the medical documents placed on

record. It is submitted that in the event this Court is inclined to

grant any indulgence, the same may be made subject to stringent

conditions so as to safeguard the interests of justice.

9. Heard learned counsel for the petitioner and learned AGA for

the State and perused the material available on record.

10. The scope of the present petition is confined to consideration

of interim bail on humanitarian grounds. The petitioner is not

seeking adjudication on the merits of the allegations levelled in

the FIRs, nor is he seeking regular bail. The fact that multiple FIRs

have been registered in relation to the same alleged series of

transactions and that the petitioner has been in custody for a

substantial period since November, 2019, coupled with the

emergent medical condition of his father, justifies invocation of the

extraordinary jurisdiction of this Court for a limited and purpose-

specific relief.

11. Serious illness of a parent, particularly where immediate

surgical intervention is medically advised, has consistently been

recognized as a valid humanitarian ground for temporary release,

subject to adequate safeguards. In the present case, the medical

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records prima facie indicate urgency of the proposed surgery. The

requirement of the petitioner's presence to assist his ailing father

during the surgical procedure and immediate post-operative

period cannot be brushed aside, especially in the absence of any

material to doubt the genuineness of the medical condition.

12. This Court is equally mindful of the nature of accusations and

the multiplicity of cases pending against the petitioner. However,

interim bail for a short and regulated period, subject to stringent

conditions, would not prejudice the pending proceedings. The

balance between individual liberty under Article 21 of the

Constitution of India and the interest of the prosecution can be

maintained by imposing strict safeguards.

13. Having regard to the totality of facts and circumstances,

particularly the long period of incarceration and the emergent

medical condition of the petitioner's father necessitating urgent

surgery, this Court is of the considered opinion that the petitioner

deserves to be enlarged on interim bail for a limited period of 20

days from the date of his actual release.

14. Accordingly, the writ petition is allowed to the extent

indicated hereinbelow. It is ordered that the petitioner shall be

released on interim bail for a period of 20 (twenty) days from the

date of his actual release, connected/ multiple FIRs detailed in

Annexure-2, subject to the following conditions:

(a) The petitioner shall furnish a personal bond in the

sum of ₹1,00,000/- (Rupees One Lakh only) with two

sureties of ₹50,000/- (Rupees Fifty Thousand only)

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each, to the satisfaction of the concerned

Superintendent Of Jail, Central Jail.

(b) The petitioner shall be released solely for the

purpose of attending to his father's medical treatment

and the proposed surgery and related post-operative

care.

(c) The petitioner shall not misuse the liberty granted

to him and shall not attempt to influence any witness

or tamper with evidence in any manner.

(d) The petitioner shall surrender before the concerned

jail authority immediately upon expiry of the interim

bail period of 20 days, without fail.

(e) In case of breach of any of the above conditions,

the State shall be at liberty to move an appropriate

application for cancellation of interim bail.

15. It is made clear that the grant of interim bail is purely

temporary and on humanitarian grounds and shall not be

construed as an expression on the merits of the case(s) pending

against the petitioner.

(FARJAND ALI),J 166-divya/-

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