Bhagwan Lal Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2025)

Bhagwan Lal Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

Temporary bail for 30 days from the date of actual release, conditional on furnishing a personal bond of Rs. 50,000/- with two sound and solvent sureties of Rs. 25,000/- each to the satisfaction of the concerned trial Court; petitioner to surrender before the concerned Jail Authority in the morning of the next day after completion of the temporary bail period.

Issue for consideration

Whether the petitioner, in judicial custody in connection with F.I.R. No.220/2023, P.S. Rashmi, Dist. Chittorgarh (offences under Sections 8/18 and 25 of the NDPS Act), should be granted temporary bail on humanitarian grounds because his wife, suffering from heart disease and undergoing treatment at Government Hospital, Neemuch, requires his care during treatment.

Ratio / Principle

Considering the overall facts and circumstances of the case, and on humanitarian grounds, the Court found it appropriate to allow the temporary bail application.

Key takeaways

The petitioner was ordered released on temporary bail for a period of 30 days from the date of his actual release, subject to furnishing a personal bond of Rs. 50,000/- along with two sound and solvent sureties of Rs. 25,000/- each to the satisfaction of the concerned trial Court; the order is effective from the date of the petitioner's release.ratio¶21
As a condition of the grant, the applicant must surrender before the concerned Jail Authority in the morning of the next day after completion of the period of temporary bail.ratio¶22

Detailed headnote1 paragraphs

NDPS Act — Interim/temporary bail under S.439 Cr.P.C. on humanitarian grounds — Petitioner in judicial custody in F.I.R. No.220/2023, P.S. Rashmi, Dist. Chittorgarh, for offences under Sections 8/18 and 25 of the NDPS Act — Wife suffering from heart disease under treatment at Government Hospital, Neemuch; petitioner's presence required for her care during treatment — Temporary bail granted for 30 days from the date of actual release on a personal bond of Rs. 50,000/- with two sound and solvent sureties of Rs. 25,000/- each to the satisfaction of the concerned trial Court — Applicant to surrender before the concerned Jail Authority in the morning of the next day after completion of the temporary bail period (Order dated 14/01/2025, Hon'ble Mr. Justice Farjand Ali).

[2025:RJ-JD:2372]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 645/2025

Bhagwan Lal S/o Bheru Lal Jat, Aged About 30 Years, R/o Chittordiya, Ps Rasmi, Dist. Chittorgarh. (Lodged In Dist. Jail Chittorgarh)

----Petitioner

Versus

State Of Rajasthan, Through PP

----Respondent

For Petitioner(s)	: Mr. Shive Kumar Bhati
For Respondent(s)	: Mr. Vikram Singh Rajpurohit, Dy.G.A.
	Mr. Ravindra Singh Bhati,Asst.G.A.

HON'BLE MR. JUSTICE FARJAND ALI

Order

14/01/2025

The instant interim bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.220/2023 P.S. Rashmi, Dist. Chittorgarh for the offences under Sections 8/18 and 25 of the NDPS Act.

Heard learned counsel for the parties and perused the material available on record.

By way of filing the instant temporary bail application, the petitioner has sought his temporary release on the ground of ailment of his wife who is suffering from heart disease and her treatment goes in Government Hospital, Neemuch. The presence of the petitioner is required to take care of his wife during her treatment. However, due to his incarceration in the

(2 of 2)

[2025:RJ-JD:2372]

[CRLMB-645/2025]

present case, he is unable to fulfill this essential caregiving role.

Considering the overall facts and circumstances of the case, and on humanitarian ground, this Court deems it appropriate to allow the temporary bail application.

Accordingly, the temporary bail application is allowed. The petitioner shall be released on bail for a period of 30 days from the date of his actual release provided he furnishes a personal bond in the sum of Rs. 50,000/- along with two sound and solvent sureties in the sum of Rs.25,000/- each to the satisfaction of concerned trial Court. The order shall be effective from the date of the petitioner's release.

The applicant shall surrender before the concerned Jail Authority in the morning of the next day of completion of the period of temporary bail.

(FARJAND ALI),J

317-Ashutosh/-