Rajasthan High Court Grants 40-Day Interim Bail To Undertrial To Assist Father Undergoing Urgent Surgery

While allowing interim bail of an under-trial accused, Rajasthan High Court observed that serious illness of a parent where immediate surgical intervention was medically advised, was recognized as a valid humanitarian ground for temporary release, subject to adequate safeguards.

Taking note of the multiplicity of FIRs against the petitioner and allege series of transactions, the bench of Justice Farjand Ali stated that the Court was mindful of the nature and multiplicity of cases, however balance between individual liberty under Article 21 and the interest of prosecution case could be maintained by imposing strict safeguards.

The petitioner was in judicial custody since September 2019, and sought interim release on humanitarian grounds owing to his father's acute prostrate ailment requiring urgent surgical intervention.

It was argued that the surgery was a complex one, requiring presence and assistance of the petitioner, for medical formalities, post-operative care and indispensable arrangements.

After hearing the contentions, the Court observed, “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.”

The Court highlighted the totality of facts including long period of incarceration of the accused, coupled with his father's ailment requiring urgent intervention, and opined that such situation justified invocation of extraordinary invocation of the Court's jurisdiction for a limited and purpose-specific relief.

Accordingly, the petition was allowed, and the petitioner was released for a period of 40 days.

Title: Vikram Singh Rathore v State of Rajasthan & Ors.

Citation: 2026 LiveLaw (Raj) 85

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