[Cites 3, Cited by 0]
Rajasthan High Court - Jodhpur
Vikram Singh Rathore vs State Of Rajasthan (2026:Rj-Jd:10371) on 25 February, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:10371]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 882/2026
Vikram Singh Rathore S/o Sh. Chhug Singh, Aged About 44
Years, Plot No 169 Umaid Heritage Defence Lab Road Ratananda
Jodhpur At Present Lodged In Central Jail Jodhpur Through Smt
Khem Kanwar Wife Of Chhug Singh
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Director General Of Police, Rajasthan Police Headquarters
Jaipur
3. Commissioner Of Police, Office Of Commissioner Of Police
Jodhpur
4. Superintendent Of Jails, Central Jail Jodhpur
----Respondents
For Petitioner(s) : Mr. Ram Singh Rawal
For Respondent(s) : Mr. NS Chandawat, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
25/02/2026
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 judicial custody.
2.It is not in dispute that the petitioner is an under-trial
prisoner and has been incarcerated since September, 2019 in
connection with multiple FIRs, including FIR No.32/2019
registered at the Special Organization Group, Jaipur. Over a
period of time, other FIRs pertaining to the same alleged
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delinquency have also been registered against him, the
particulars whereof have been detailed in Annexure-1 placed
on record.
3.The petitioner seeks interim release on humanitarian
grounds on account of the serious medical condition of his
father. It has been specifically pleaded that the father of the
petitioner is suffering from acute prostate ailment requiring
urgent surgical intervention. The updated MRI report and
related medical documents placed on record indicate the
necessity of immediate prostate surgery in view of the
emergent medical condition. It is further pleaded that the
proposed surgery is of a complex nature and requires the
presence and assistance of the petitioner, being the son, to
attend to medical formalities, post-operative care and other
indispensable arrangements.
4.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.
5.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
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subject to stringent conditions so as to safeguard the
interests of justice.
6.Heard learned counsel for the petitioner and learned AGA for
the State and perused the material available on record.
7.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 September,
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.
8.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 updated MRI report and accompanying
medical records prima facie indicate urgency of the proposed
prostate 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.
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9.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.
10.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 prostate surgery, this Court is of the
considered opinion that the petitioner deserves to be
enlarged on interim bail for a limited period of 40 days from
the date of his actual release.
11.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 40 (forty) days
from the date of his actual release, in connection with FIR
No.32/2019 registered at Special Organization Group, Jaipur
and other connected FIRs detailed in Annexure-1, 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 concerned Superintendent Of Jail, Central Jail.
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(b) The petitioner shall be released solely for the purpose of
attending to his father's medical treatment and the proposed
prostate 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 40
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 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
1-divya/-
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