Raghav Mittal v. State of NCT of Delhi

1. The accused/applicant seeks interim bail in case FIR No. 251/2024 of PS K. N. Katju Marg for offence under Section 103(1)/3(5) of BNS (Section 302/34 IPC).

2. This is second interim Bail Application on medical grounds. Earlier, the accused/applicant was granted interim bail by the learned Trial Court vide order dated 28.03.2025 for a period of 30 days for medical treatment of seizures. But the accused/applicant did not take any treatment for seizures, though he fell down and suffered a knee injury and took treatment for the same from Action Medical Institute, a private hospital. During pendency of KATHPALIA Date: 2025.05.14 17:58:19 +05'30' that knee injury treatment, the accused/applicant also sought extension of the interim bail, which was declined by the learned Trial Court vide detailed order dated 30.04.2025. Hence, the present interim Bail Application.

3. Learned counsel for the accused/applicant submits that the earlier interim bail got exhausted in surgical treatment of the knee injury, so now again interim bail is required for treatment of seizures.

4. Learned APP accepting notice strongly objects to grant of another spell of interim bail in view of seriousness of charges against the accused/applicant and the fact that for same treatment, the accused/applicant was earlier granted interim bail but he opted not to take any treatment.

5. Admittedly, the accused/applicant never informed the learned Trial Court that he was not taking treatment for seizures. Even otherwise, nothing prevented the accused/applicant to at least commence his treatment for seizures in the Super Speciality Hospital, where he took treatment for knee injury. Further, as reflected from observations of the learned Trial Court in order dated 28.03.2025, the accused/applicant complained of seizure episode for which he was given primary treatment in jail dispensary and referred to DDU Hospital, where the department of neurology is administering the treatment.

6. Learned counsel for accused/applicant submits that for MRI of brain of the accused/applicant, the next date fixed by the hospital is of January Date: 2025.05.14 17:58:36 +05'30' 2026, which is too late. This aspect can be taken care of. The hospital authorities at DDU Hospital are directed to give priority date for MRI of brain to the accused/applicant keeping in mind that he is in judicial custody and must be provided the best possible medical treatment at the earliest. For compliance, copy of this order shall be served on MS DDU Hospital by the Investigating Officer today itself.

7. In view of the aforesaid, I do not find it a fit case to again grant interim bail. The application is dismissed. Pending applications stand disposed of.

8. At this stage, learned counsel for accused/applicant submits that the accused/applicant is also suffering with Hernia. Best possible medical treatment in that regard also shall be administered by the jail doctors.

GIRISH KATHPALIA (JUDGE) MAY 14, 2025 GIRISH KATHPALIA