[Cites 3, Cited by 0]
Rajasthan High Court - Jodhpur
Akshay Kumar vs State Of Rajasthan (2026:Rj-Jd:7141) on 9 February, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:7141]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 411/2026
Akshay Kumar S/o Sh. Babu Lal, Aged About 25 Years, Resident
Of 71 Bhagwan Mahaveer Nagar Nandari Jodhpur (Lodged In
Central Jail Jodhpur)
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary Department Of
Home Govt Of Rajasthan Secretariat Jaipur
2. The Director General Of Police, Headquarter Rajasthan
Jaipur
3. Commissioner Of Police, Jodhpur
4. The Superintendent, Central Jail Jodhpur
----Respondents
For Petitioner(s) : Mr. Uttam Khan
Mr. Sabir Khan
For Respondent(s) : Mr. Surendra Bishnoi, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
09/02/2026
1. The present writ petition has been preferred under Articles
226 and 227 of the Constitution of India read with Section 528 of
the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of
interim bail to the petitioner, who is presently lodged in Central
Jail, Jodhpur.
2. It is not in dispute that the petitioner is an under-trial
prisoner and is in judicial custody in connection with FIR
No.0310/2025 registered at Police Station Banar, Jodhpur; FIR
No.0311/2025 registered at Police Station Banar, Jodhpur; and FIR
(Uploaded on 09/02/2026 at 05:49:52 PM)
[2026:RJ-JD:7141] (2 of 5) [CRLW-411/2026]
No.0001/2025 registered at Police Station Cyber, Kota City, for the
offences mentioned therein. Copies of the aforesaid FIRs have
been placed on record as Annex.1, Annex.2 and Annex.3
respectively.
3. The petitioner seeks interim release on the ground of
imminent marriage of his real sister, namely Kusum, which is
scheduled to be solemnized on 19.02.2026. It has been
specifically pleaded that the marriage ceremonies are to
commence from 17.02.2026 with the Haldi ceremony. The copy of
the marriage invitation card of the sister has been annexed as
Annex.4. It is further pleaded that father of the petitioner has
passed away and the petitioner is the only brother of his sister
and is required to perform essential ceremonies, including
kanyadan, and to make arrangements for the marriage. The
petitioner has also brought on record the marriage of his maternal
cousin scheduled on 10.02.2026, with ceremonies commencing
from 06.02.2026, supported by invitation card placed on record as
Annex.5.
4. Learned counsel for the petitioner submits that due to the
pendency of multiple FIRs at different police stations, it is
practically difficult for the petitioner to seek interim relief
separately in each case and, therefore, invocation of extraordinary
jurisdiction of this Court is justified. It is contended that the relief
sought is strictly time-bound, humanitarian in nature and without
touching the merits of the pending criminal cases.
(Uploaded on 09/02/2026 at 05:49:52 PM)
[2026:RJ-JD:7141] (3 of 5) [CRLW-411/2026]
5. Per contra, learned AGA opposes the prayer but does not
dispute the dates of marriage or the relationship pleaded by the
petitioner. It is submitted that if any indulgence is granted, the
same may be subject to strict conditions.
6. Heard learned counsel for the petitioner and learned AGA for
the State and perused the material placed on record.
7. The scope of the present petition is confined to grant of
interim bail for a limited period on humanitarian grounds. The
petitioner is not seeking adjudication on merits of the allegations
levelled in the FIRs, nor is he seeking regular bail. The multiplicity
of criminal cases, coupled with the fact that the relief sought is
temporary and purpose-specific, renders the present writ petition
maintainable in exercise of extraordinary jurisdiction of this Court.
8. Marriage of a real sister has consistently been recognized by
courts as a legitimate humanitarian ground for temporary release,
particularly where the presence of the accused is shown to be
essential for performance of customary rites and family obligations
as his father has passed way. In the present case, the petitioner
has placed on record documentary material in support of the
scheduled marriage and ceremonies, and the same has not been
seriously disputed by the State.
9. This Court is also mindful of the fact that the petitioner is an
under-trial and that his interim release, if suitably regulated by
stringent conditions, is unlikely to prejudice the ongoing
investigation or the judicial process. The balance between
individual liberty under Article 21 of the Constitution of India and
(Uploaded on 09/02/2026 at 05:49:52 PM)
[2026:RJ-JD:7141] (4 of 5) [CRLW-411/2026]
the interests of justice can be maintained by granting a short,
structured and conditional interim bail.
10. Having regard to the totality of facts and circumstances, this
Court is of the considered opinion that the petitioner deserves to
be enlarged on interim bail for a limited period of 20 days.
11. Accordingly, the writ petition is allowed to the extent
indicated hereinbelow. It is ordered that the petitioner Akshay
Kumar S/o Shri Babu Lal shall be released on interim bail for a
period of 20 (twenty) days, from the date of his actual release,
in connection with FIR No.0310/2025 registered at Police Station
Banar, Jodhpur; FIR No.0311/2025 registered at Police Station
Banar, Jodhpur; and FIR No.0001/2025 registered at Police Station
Cyber, Kota City, 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) each, to the
satisfaction of the learned ACJM No.5, Jodhpur Metropolitan.
(b)The petitioner shall be released solely for the purpose of
attending and arranging the marriage ceremonies of his
sister and related family obligations.
(c)The petitioner shall not misuse the liberty granted to him
and shall not try to influence any witness or tamper with the
evidence in any manner.
(Uploaded on 09/02/2026 at 05:49:52 PM)
[2026:RJ-JD:7141] (5 of 5) [CRLW-411/2026]
(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.
12. It is made clear that the grant of interim bail shall not be
construed as an expression on the merits of the case(s) pending
against the petitioner.
(FARJAND ALI),J
30-Pramod/-
(Uploaded on 09/02/2026 at 05:49:52 PM)
Powered by TCPDF (www.tcpdf.org)
