Narender v. State Govt. of NCT of Delhi

1. This is the second application filed, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of the petitioner seeking grant of interim bail for a period of two months in FIR NO. 639/2024 dated 21.10.2024, for the offences punishable under Sections 103(l)/3(5) of the Bharatiya Nyaya Sanhita, 2023, and Section 27 of the Arms Act, 1959 registered at Police Station Jahangir Puri.

2. The learned counsel for the petitioner submits that the petitioner is in custody since 25.10.2024 and prior to his arrest, he was admitted and was treated at Max Hospital Shalimar Bagh as well as at Dr. R.M.L. Hospital for a period w.e.f. 21.10.2024 to 24.10.2024, since he suffered a stab injury in an assault over mid-lower back region. Additionally, he was advised for Ortho and Neuro Surgery references and after the discharge from the Hospital, he was sent to the judicial custody.

3. The learned counsel further submits that the petitioner had been feeling loss of sensation and numbness in right lower limb and on examination the power found was ‘Zero’ in right lower limb and he is also suffering from prolapsed Spine.

4. He submits that the petitioner was admitted to interim bail vide Order dated 20.02.2025, though he was released on 27.02.2025 and his surgery of (L4-5+L3+4GA) Microdineclouy was scheduled for 12.03.2025. However, the petitioner developed ‘infective deep haemotoma’ in his right side of Lower Spine and the surgical procedure was performed on 15.03.2025. In the meanwhile, the interim bail of the petitioner was extended from time to time to allow him to recover from the aforementioned conducted surgical procedure.

5. The learned counsel for the petitioner submits that as the interim bail of the petitioner was not further extended, thus, he had surrendered before the concerned Jail Superintendent on 15.04.2025. However, the medical condition with respect to his ‘prolapse disc’ is persisting, for which his surgery has been scheduled for today. He further submits that he has been diagnosed with ‘decompression Spinal Cord’ as his spinal MRI report indicates L4-L[5] & L5-5 disc problem with compression of existing nerves.

6. In view of these circumstances, the report from the Jail Doctor through Jail Superintendent was requisitioned and the same be taken on record.

7. The Jail Superintendent has reported vide Status Report dated 04.05.2025, that after being operated with respect to infected Hematoma over back, the petitioner complained the weakness of right lower limb with pain and numbness. He was given tentative date for spinal decompression surgery on 05.05.2025 for prolapsed disc L-4, L-5 with compression of existing nerve. He has been advised for bed rest, physiotherapy and medications accordingly.

8. The Jail Superintendent has further submitted that on 21.01.2025, the petitioner has been also referred to AIIMS Hospital, Department of Neurology and Neuro-Surgery as a follow up case with aforementioned symptoms and he was advised to review with MRI films for further plan.

9. Further the petitioner has complained pain in right lower limb and numbness and his medication, accordingly, is persisting. The Jail Doctor has also confirmed that the petitioner is on wheel chair and his MRI brain + LS Spine is scheduled for 16.09.2025.

10. The learned APP though raises an objection to grant of interim bail submitting that the petitioner is getting required treatment in the Jail Hospital as well as in other referral hospitals as advised by the Jail Doctor.

11. However, in view of the fact that as per report of Jail Superintendent, the petitioner is on wheel chair and his MRI brain + LS Spine is scheduled for 16.09.2025 and the petitioner requires surgery for ‘prolapsed disc L-4 and L-5’, the petitioner is admitted to interim bail in the subject FIR bearing No. 639/2024 dated 21.10.2024, for the offences punishable under Sections 103(l)/3(5) of the Bharatiya Nyaya Sanhita, 2023, and Section 27 of the Arms Act, 1959 registered at Police Station Jahangir Puri, for a period of 30 days, on his furnishing a personal bond in the sum of ₹30,000/- with one surety bond of the like amount, subject to the satisfaction of the learned Trial Court / CMM / Duty Magistrate and further subject to the following conditions: i. The Petitioner shall not leave the NCT of Delhi without prior permission of the Learned Trial Court. ii. The Petitioner shall make a Video Call to the concerned Investigating Officer/SHO twice a week, on Monday and Thursday, between 4:00 PM to 6:00 PM to mark his presence except on the days when his surgery is underway and he would be hospitalized. iii. The Petitioner shall immediately intimate the learned Trial Court by way of an affidavit and to the Investigating Officer regarding any change of residential address. iv. The Petitioner shall appear before the learned Trial Court as and when the matter is taken up for hearing. v. The Petitioner is directed to give his mobile number to the Investigating Officer and keep it operational at all times. vi. The Petitioner shall not contact, nor visit, nor offer any inducement, threat or promise to any of the Prosecution witnesses or other persons acquainted with the facts of case. vii. The Petitioner shall also not tamper with evidence nor otherwise indulge in any act or omission that is unlawful or that would prejudice the proceedings in the pending Trial.

12. It is made clear that no observations made above shall tantamount to be an expression on the merits of the Petitioner’s case and they have been made for the purpose of consideration of Bail alone.

13. A copy of this Order be sent to the Jail Superintendent concerned for information and necessary compliance.

14. The present interim bail application is disposed of in the abovesaid terms.