Rajasthan High Court – Jodhpur
Om Prakash vs State Of Rajasthan (2025:Rj-Jd:28776) on 3 July, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:28776] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 7094/2025 Om Prakash S/o Shri Banshi Lal, Aged About 30 Years, R/o Bajju Tejpura P.s Bajju District Bikaner (At Present Lodged In Central Jail, Bikaner) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Kaluram Bhati. For Respondent(s) : Mr. Sri Ram Choudhary, PP. HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
03/07/2025
The present interim bail application under Section 483 of
BNSS (439 Cr.P.C.) has been filed by the petitioner on the ground
that his brother Bega Ram has expired on 29.05.2025 and his
presence is required for performing last rites and rituals of his
brother.
Learned counsel for the petitioner submits that the presence
of petitioner is essential in order to perform the last rites and
rituals of his brother. It is therefore, prayed that the petitioner
may be released on interim bail for a period of 30 days.
Learned Public Prosecutor has not disputed the factum of
petitioner’s brother passing away.
Looking to the totality of facts and circumstances of the
case, a humanitarian approach is required to be adopted, thus,
this Court deems it just and proper to enlarge the petitioner on
interim bail for a period of 10 days.
Accordingly, the interim bail application filed under Section
483 of BNSS (439 Cr.P.C.) is allowed and it is directed that
petitioner Om Prakash S/o Shri Banshi Lal arrested in
connection with F.I.R. No.23/2024, registered at Police Station
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[2025:RJ-JD:28776] (2 of 2) [CRLMB-7094/2025]
Deshnok, District Bikaner, for the offences under Sections 363,
366A, 376(6) and 376D IPC and Sections 3/4(2) and 5(g)/6 of the
POCSO Act, be released on interim bail for a period of ten (10)
days provided he furnishes a personal bond in a sum of
Rs.4,00,000/- with two sound and solvent sureties in the sum of
Rs.2,00,000/- (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 10 days from the
date of actual release.
Let this bail application be again listed on 17.07.2025.
Learned Public Prosecutor shall be required to submit the
compliance report of the order as to whether the petitioner has
surrendered or not.
(KULDEEP MATHUR),J
237-Tikam/-
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