Birbalram vs State Of Rajasthan (2026:Rj-Jd:17444)
2026 Latest Caselaw 5875 Raj

Citation : 2026 Latest Caselaw 5875 Raj
Judgement Date : 15 April, 2026

[Cites 0, Cited by 0]

Rajasthan High Court - Jodhpur

Birbalram vs State Of Rajasthan (2026:Rj-Jd:17444) on 15 April, 2026

[2026:RJ-JD:17444]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
     S.B. Criminal Miscellaneous Bail Application No. 4064/2026

Birbalram S/o Shri Arjunram, Aged About 38 Years, Resident Of
Rohicha Kalla Police Station Luni District Jodhpur Rajasthan
(Lodged In Central Jail Jodhpur)
                                                                    ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                  ----Respondent


For Petitioner(s)         :     Mr. Ashok Bishnoi
For Respondent(s)         :     Mr. Hanuman Prajapati, PP



            HON'BLE MR. JUSTICE MANEESH SHARMA

Order

15/04/2026

1. The present interim bail application has been preferred under

Section 483 B.N.S.S. on behalf of the petitioner. The requisite

details of the matter are tabulated herein below:

S.No.                         Particulars of the case

2.        Concerned Police Station                  Chopasani Housing Board
3.        District                                        Jodhpur City West
4.        Offences alleged in the FIR                 316(2), 318(3), 338,
                                                     336(3), 340(2), 305(a),
                                                       334(1) & 351(3) of
                                                           BNS,2023.

2. Learned counsel for the petitioner submits that the petitioner

is in judicial custody in connection with the aforesaid case. It is

contended that the petitioners' wife - Dhapu needs immediate

surgery and in support of his contention counsel has submitted

the relevant documents along with the petition. Learned counsel

for the petitioner submitted that in connected case the Co-

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Ordinate Bench of this Court vide order dated 19.03.2026 has

already been extended the benefit of interim bail. It is therefore,

prayed that the petitioner may be granted interim bail for a period

of 30 days. It is further submitted that the petitioner undertake to

surrender immediately after expiry of the interim bail period and

shall not misuse the liberty so granted.

3. Per contra, learned Public Prosecutor opposes the prayer for

grant of interim bail, however, he does not dispute the medical

condition of the petitioner's wife and the requirement for

immediate surgery.

4. Heard learned counsel for the parties and perused the

material available on record.

5. From the record, it is evident that the wife of the petitioner is

suffering from spinal cord related ailments and requires immediate

surgery, thus, on humanitarian ground, the presence of the

petitioner, being her husband, is required for taking care of his

wife. Hence, without expressing any opinion on the merits of the

case, this Court deems it appropriate to grant interim bail to the

petitioner for a limited period of twenty (20) days from the date of

his release.

6. The petitioner Birbalram S/o Shri Arjunram is directed to be

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

date of his release, provided he furnish a personal bond in the

sum of Rs.1,00,000/- with two sureties in the sum of Rs.50,000/-

each (out of which one surety shall be furnished, preferably by the

wife of the petitioner, and if she does not have any property or

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means to pay such security, then any one of the family members

of the petitioner) to the satisfaction of the Trial Court / Jail

Authority, subject to the following conditions:-

(i) the petitioner shall surrender before the concerned jail

authorities immediately upon expiry of the interim bail

period of 20 days, unless the period is extended by a

competent court;

(ii) the petitioner shall neither tamper with the evidence in

the matter, nor directly or indirectly make any

inducement, threat or promise to any one acquainted

with the facts of the case so as to dissuade them from

disclosing such facts to the Court or any Police Officer;

(iii) the petitioner shall not leave the State of Rajasthan

without prior permission of the Court concerned;

(iv) the petitioner and the sureties of the petitioner will

keep their mobile phones in active mode and in case of

change of their mobile numbers, intimation in this

regard will be given to the Court concerned by way of

an affidavit.

7. It is made clear that if the petitioners fail to surrender after

the expiry of the interim bail period, the authorities shall be at

liberty to proceed against him in accordance with law.

8. The application stands disposed of accordingly.

(MANEESH SHARMA),J 6-Ishan/-

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