Rajasthan High Court – Jodhpur
Opendra Kumar vs State Of Rajasthan (2026:Rj-Jd:10306) on 25 February, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:10306]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 463/2026
Opendra Kumar S/o Sh. Trilok Chandra, Aged About 47 Years,
R/o Ward No. 2 Panwana, Tehsil Laxmangarh, Bidasar, Dist. Sikar
At Present Lodged At Central Jail Jodhpur.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Director General Of Police, Headquarters Jaipur
3. The Superintendent Of Jail, Jodhpur
----Respondents
For Petitioner(s) : Mr. Sangram Singh
For Respondent(s) : Mr. Shri Ram Choudhary, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
25/02/2026
1. The present writ petition has been preferred under Articles
226 and 227 of the Constitution of India read with Section 528 of
the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of
interim bail to the petitioner, who is presently lodged in judicial
custody.
2. It is not in disputed that the petitioner is an under-trial
prisoner and has been in custody since 17.03.2023 in connection
with FIR No.123/2024 registered at Police Station Mahamandir,
Jodhpur East for the offences punishable under Sections 420, 406
and 120-B of the IPC, Sections 4, 5 & 6 of the Prize Chits & Money
Circulation Schemes (Banning) Act, 1978 and Sections 3/21, 4/22
& 5/25 of the Banning of Unregulated Deposits Schemes Act,
(Uploaded on 26/02/2026 at 05:16:46 PM)
(Downloaded on 26/02/2026 at 08:31:38 PM)
[2026:RJ-JD:10306] (2 of 5) [CRLW-463/2026]
2019. It is further borne out from the record that other FIRs of
similar nature have also been registered against the petitioner, the
details whereof have been placed on record as Annexure-1.
3. The petitioner seeks interim release on humanitarian
grounds on account of the serious medical condition of his mother,
namely Smt. Sarwani Devi, aged about 69 years. It has been
pleaded that she is suffering from advanced osteoarthritis (OA) of
both knees and is experiencing acute and debilitating pain. The
medical documents placed on record reflect that upon clinical
examination at Rajakiya Shri Kalyan Chikitsalaya, she has been
advised to undergo total knee replacement surgery for both
knees. Copies of the relevant medical reports have been annexed
as Annexure-2.
4. It is further pleaded that in the second round of examination,
the treating doctor recommended that the petitioner’s mother be
admitted for surgery at the earliest, though the date of admission
and operation is yet to be finalized. It is submitted that the
presence of the petitioner is necessary for completing hospital
formalities, arranging admission and attending to his mother
during the surgical procedure and post-operative period. It has
also been stated that the petitioner’s elder brother is serving in
the Indian Army and is presently posted outside the State of
Rajasthan.
5. Learned counsel for the petitioner submits that due to the
pendency of multiple FIRs arising out of similar transactions, it is
practically difficult for the petitioner to seek separate interim relief
(Uploaded on 26/02/2026 at 05:16:46 PM)
(Downloaded on 26/02/2026 at 08:31:38 PM)
[2026:RJ-JD:10306] (3 of 5) [CRLW-463/2026]
in each case and, therefore, invocation of the extraordinary
jurisdiction of this Court is justified. It is contended that the relief
sought is strictly time-bound, humanitarian in nature and without
touching upon the merits of the pending criminal cases.
6. Per contra, learned AGA opposes the prayer for interim bail
but does not seriously dispute the medical condition of the
petitioner’s mother as reflected from the documents placed on
record. It is submitted that if any indulgence is granted, the same
may be made subject to stringent conditions.
7. Heard learned counsel for the petitioner and learned AGA for
the State and perused the material placed on record.
8. The scope of the present petition is confined to grant of
interim bail for a limited period on humanitarian grounds. The
petitioner is not seeking adjudication on merits of the allegations
levelled in the FIRs, nor is he seeking regular bail. The multiplicity
of criminal proceedings arising out of similar transactions, coupled
with the emergent medical condition of the petitioner’s mother,
renders the present writ petition maintainable in exercise of
extraordinary jurisdiction of this Court for a limited and purpose-
specific relief.
9. Serious illness of a parent requiring surgical intervention has
consistently been recognized as a legitimate humanitarian ground
for temporary release, subject to appropriate safeguards. In the
present case, the medical record prima facie indicates that total
knee replacement surgery has been advised at the earliest. The
necessity of the petitioner’s presence for facilitating admission,
(Uploaded on 26/02/2026 at 05:16:46 PM)
(Downloaded on 26/02/2026 at 08:31:38 PM)
[2026:RJ-JD:10306] (4 of 5) [CRLW-463/2026]
surgery and immediate post-operative care cannot be lightly
brushed aside, particularly when the elder brother is stated to be
posted outside the State.
10. This Court is equally mindful of the nature of accusations and
the pendency of multiple FIRs against the petitioner. However,
interim bail for a short and regulated period, subject to stringent
conditions, is not likely to prejudice the ongoing proceedings. The
balance between the petitioner’s right to life and family obligations
under Article 21 of the Constitution of India and the interests of
justice can be maintained by imposing strict safeguards.
11. Having regard to the totality of facts and circumstances, this
Court is of the considered opinion that the petitioner deserves to
be enlarged on interim bail for a limited period of 40 (forty) days
from the date of his actual release.
12. Accordingly, the writ petition is allowed to the extent
indicated hereinbelow. It is ordered that the petitioner shall be
released on interim bail for a period of 40 (forty) days from the
date of his actual release, in connection with FIR No.123/2024
registered at Police Station Mahamandir, Jodhpur East and other
FIRs detailed in Annexure-1, subject to the following conditions:
(a) The petitioner shall furnish a personal bond in the sum of
₹1,00,000/- (Rupees One Lakh only) with two sureties of
₹50,000/- (Rupees Fifty Thousand only) each, to the satisfaction
of learned Chief Judicial Magistrate, Jodhpur Metro.
(b) The petitioner shall be released solely for the purpose of
attending to the medical treatment, admission and proposed total(Uploaded on 26/02/2026 at 05:16:46 PM)
(Downloaded on 26/02/2026 at 08:31:38 PM)
[2026:RJ-JD:10306] (5 of 5) [CRLW-463/2026]knee replacement surgery of his mother and related post-
operative care.
(c) The petitioner shall not misuse the liberty granted to him and
shall not attempt to influence any witness or tamper with evidence
in any manner.
(d) The petitioner shall intimate the concerned Investigating
Officer about his place of stay during the period of interim bail and
shall keep his mobile phone operational at all times.
(e) The petitioner shall surrender before the concerned jail
authority immediately upon expiry of the interim bail period of 40
days, without fail.
13. It is made clear that the grant of interim bail is purely
temporary and on humanitarian grounds and shall not be
construed as an expression on the merits of the case(s) pending
against the petitioner.
(FARJAND ALI),J
248-Rashi/-
(Uploaded on 26/02/2026 at 05:16:46 PM)
(Downloaded on 26/02/2026 at 08:31:38 PM)
Powered by TCPDF (www.tcpdf.org)
