SAMAUN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant interim bail application has been filed under Sec. 439 Cr.P.C. on behalf of the petitioner Samaun S/o Mumtaj Khan who is in custody in relation to F.I.R. No.10/2019, Police Station Suratgarh District Sriganganagar for the offences under Ss. 8/22, 29 of the NDPS Act.

(2.) Learned counsel for the petitioner submits that the petitioner is suffering from ailment of kidney stone which is at present 20.1 MM in size, thus he required immediate medical attention. He further submits that petitioner is in custody for last four years and earlier on two occasions i.e. on the count of illness of his mother, he was released on interim bail for a period of 20 days & 10 days by the Coordinate Bench of this Court vide orders dtd. 3/5/2021 and 13/1/2022 in S.B. Criminal Misc. Interim Bail Applications No.4720/2021 & 17308/2021 and during that period, his conduct was found satisfactory. Learned counsel has placed reliance on the conduct report of the petitioner as reported in order of the trial Court. He further submits that there is no likelihood of running away of petitioner from jurisdiction of the Court. He further submits that in the instant interim bail application it has been prayed that petitioner himself is suffering from kidney stone and he is advised to undergo surgery thus, he may be enlarged on interim bail for a period of 45 days for his undergoing surgery. He further submits that the petitioner will intimate the name of the hospital wherein he will be operated. Aforesaid contentions are opposed by learned Public Prosecutor.

(3.) Heard learned counsel for the petitioner as well as learned Public Prosecutor for the State. Perused the material available on record.