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Rajasthan High Court - Jodhpur
Durga Ram vs State Of Rajasthan (2026:Rj-Jd:16642) on 9 April, 2026
[2026:RJ-JD:16642]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 3900/2026
Durga Ram S/o Jetharam, Aged About 25 Years, R/o Meghvalon
Ki Dhani Barsinghon Ka Vas Khichan Police Station Matauda,
District Phalodi Rajasthan
(At Presently Lodged In District Jail Balotra)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Ms. Vimla Jain
For Respondent(s) : Mr. Pawan Bhati, PP
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
09/04/2026
The present interim bail application under Section 483 of
BNSS (439 Cr.P.C.) has been filed by the petitioner who has been
arrested in the present matter. The requisite details of the matter
are tabulated herein below:
S. No. Particulars of the case
2. Police Station Mandli
3. District Balotra
4. Offences alleged in the Under Sections 8/15 & 61 of
FIR NDPS Act
5. Offences added, if any -
Learned counsel for the petitioner submitted that petitioner's
wife is suffering from serious ailment - abdominal and urinary
problem and she has been advised to ovarian cystectomy surgery
and for this purpose petitioner's assistance is required, as the
petitioner is only male person in his family. It is therefore prayed
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that the petitioner may be released on interim bail for a period of
60 days.
A Coordinate Bench of this Court, vide order dated
01.04.2026, had directed learned Public Prosecutor to submit the
report regarding the ailment of petitioner's wife.
Today, learned Public Prosecutor has produced the report
dated 09.04.2026, received from the SHO, P.S. Mandli, District
Balotra along with medical report of Dr. Kishan Gopal Barupal,
Professor & Unit Head (Medicine Department), Mathuradas Mathur
Hospital, Jodhpur. A perusal whereof indicates that the petitioner'
wife has been advised to ovarian cystectomy surgery. The report
is taken on record.
Learned Public Prosecutor opposed the interim bail
application. However, has not disputed the factum of ailment of
petitioner's wife as well as the ovarian cystectomy surgery which
is advised by the Professor & Unit Head (Medicine Department),
Mathuradas Mathur Hospital, Jodhpur.
Having heard learned counsel for the parties and considered
the facts and circumstances of the case, perusal of the record, so
also the fact that the petitioner's wife has been advised to
undergo ovarian cystectomy surgery, without expressing any
opinion on merits/demerits of the case, this Court deems it just
and proper to grant interim bail to the petitioner for a period 30
days.
Accordingly, the interim bail application filed under Section
483 of BNSS (439 Cr.P.C.) is allowed and it is ordered that the
accused-petitioner as named in the cause title, arrested in
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connection with the above mentioned FIR, shall be released on
interim bail for a period of 30 days, provided that he furnishes a
personal bond in a sum of Rs.2,00,000/- 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 learned trial Court for his surrender on completion
of 30 days from the date of actual release. The date of release
and surrender shall be mentioned on the release order.
Let this bail application be again listed on 11.05.2026.
Learned Public Prosecutor shall be required to submit the
compliance report of the order whether petitioner has surrendered
or not.
(MUKESH RAJPUROHIT),J
211-Ramesh/-
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