A spouse’s impending surgery may justify short-term interim bail on humanitarian grounds.

The petitioner sought interim bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), in FIR No. 5/2025, registered under Sections 21, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”).

The trial was pending at the prosecution-evidence stage, and the Special Judge had dismissed the petitioner’s interim-bail application.

The petitioner submitted that his wife was suffering from a surgical-site infection arising from Pilonidal Sinus and was scheduled to undergo surgery on 16 October 2026; he sought release to assist her during treatment and recovery.

The State verified the medical documents and the scheduled surgery, but opposed a 30-day release.

Whether the petitioner should be granted interim bail on humanitarian and medical grounds to assist his wife in connection with her upcoming surgery and recovery.

If interim bail is granted, what duration and conditions should govern the petitioner’s release.

The petitioner invoked Section 483 of the BNSS, the provision under which the application for bail was brought before the High Court.

The underlying prosecution concerned alleged offences under Sections 21, 25 and 29 of the NDPS Act.

The judgment does not cite any precedent or articulate a general test for interim bail on medical or humanitarian grounds; it records that relief was considered in light of the verified medical circumstances and the interests of justice.

The Court considered the wife’s medical condition, the upcoming surgery and the State’s verification of the supporting documents.

In view of those verified circumstances and the interests of justice, it allowed interim release, while limiting the period to ten days rather than the thirty days sought by the petitioner.

It imposed conditions addressing the petitioner’s conduct, residence, contact details, travel, non-interference with evidence and surrender; it also required him to provide the surgery-related documents upon surrender.

The petitioner was required to surrender by 4:00 p.m. upon expiry of the bail period; the order also provided for surrender on 17 October 2026 by 4:00 p.m. if the surgery did not take place on or before 16 October 2026.

The Court directed that a copy of the order be sent to the concerned Jail Superintendent for compliance.