Rajasthan HC Grants 40-Day Interim Bail to Under-Trial in Organized Crime Cases for Father’s Urgent Prostate Surgery: “Humanitarian Imperative Outweighs Prosecution Concerns”

The Rajasthan High Court has granted interim bail for 40 days to under-trial prisoner Vikram Singh Rathore, recognizing the grave medical emergency of his father as a compelling humanitarian ground warranting temporary release. Justice Farjand Ali, in his February 25, 2026, order under Articles 226 and 227 of the Constitution read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, emphasized that while mindful of the petitioner’s involvement in serious allegations, the right to life and personal liberty under Article 21 cannot be denied in such circumstances.

Rathore, aged 44 and lodged in Central Jail, Jodhpur since September 2019, faces multiple FIRs, including FIR No. 32/2019 at Special Operations Group, Jaipur, for alleged organized delinquency and related transactions detailed in Annexure-1. Despite this, he sought limited release to assist his father, who suffers from an acute prostate ailment necessitating immediate surgical intervention. Updated MRI reports and medical documents filed with the court confirm the emergent condition, describing the procedure as complex and requiring the son’s hands-on involvement for pre- and post-operative care, hospital formalities, and essential arrangements.

The petitioner’s counsel argued that over four years of incarceration, combined with the father’s life-threatening health crisis, justifies this purpose-specific, temporary relief without delving into the merits of the pending cases. The advocate stressed the humanitarian nature of the plea, urging the court to prioritize familial duties in the face of medical urgency.

Opposing the prayer, the Additional Government Advocate did not contest the authenticity of the medical evidence but sought stringent conditions if relief were granted. Acknowledging the gravity of the charges and the series of FIRs, 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.”

Balancing individual liberty with societal interests, Justice Ali invoked the court’s extraordinary jurisdiction, noting the totality of circumstances—including prolonged custody and the father’s dire need for intervention—warranted limited indulgence. To safeguard the investigation, the order imposes safeguards such as daily reporting to the local police station, restrictions on leaving the district without permission, and a prohibition on tampering with evidence or contacting witnesses.

The bench directed Rathore’s release forthwith upon furnishing a personal bond and sureties, with the matter listed for further hearing post the bail period. This ruling reinforces judicial compassion in humanitarian crises, ensuring temporary relief does not compromise ongoing probes.

Case Title: Vikram Singh Rathore v. State of Rajasthan & Ors. | S.B. Criminal Writ Petition No. 882/2026

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