SAMAUN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present 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. 10/2019, Police Station Suratgarh, District Sriganganagar, registered for the offence punishable under Sections 8/22 of the NDPS Act. In compliance of the earlier direction dated 07.04.2021, learned Public Prosecutor has submitted the requisite verification report; and as per that verification report, operation of the petitioner's mother is necessary.

(2.) Learned counsel for the petitioner appearing through video conferencing stated that petitioner's mother is suffering from kidney stone as well as harnia and, therefore, operations in regard to the illness of petitioner's mother are urgently required. Learned counsel prayed that the interim bail may be allowed and the petitioner may be ordered to be released from prison for a specified period, as this Court thinks fit. Per contra, learned Public Prosecutor, present-in-person opposed the interim bail application of the accused-petitioner but not in a position to controvert this fact that there is no other male member available in the family of the accused-petitioner, as per statement of the accused-petitioner that he is the only son of the parents and as per verification report, for better treatment, operation of the petitioner's mother is required to be carried out.

(3.) Heard learned counsel for the accused-petitioner through video conferencing as well as learned Public Prosecutor, presentin- person. Perused the material available on record. Having regard to the facts and circumstances of the case, particularly to the fact that no-one except the accused-petitioner is available in the family to look after his mother, who is suffering from ailment of kidney stone and harnia, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the interim bail application filed by the petitioner deserves to be accepted.