Priya Lodhi @ Neha v. State NCT of Delhi

1. The accused/applicant seeks interim bail on medical grounds in case FIR No. 448 of 2021 of PS Sangam Vihar for offence under Section 363/376/109/370/328/323/506/509 of IPC read with Section 6/17 of POCSO and Section 3/4 of ITP Act.

2. Learned APP strongly opposes the bail application on the ground of crucial stage of trial as prosecution apprehends that if granted interim bail, the accused/applicant would try to influence the prosecutrix.

3. Since the interim bail sought by the accused/applicant is only on medical ground, it is pointed out to the learned counsel for accused/applicant GIRISH KATHPALIA 14:18:34 +05'30' that according to the report dated 03.06.2025 received from Medical Officer In-charge of Central Jail No. 6, Tihar, New Delhi, the vitals of the accused/applicant are stable and she is on medication for abnormal uterine bleeding for which she is being regularly examined by the specialists and doctors in the jail dispensary as well as Deen Dayal Upadhayaya Hospital. However, learned counsel for accused/applicant submits that the application be decided on the record already available.

4. Learned prosecutor also discloses that twice, similar applications of the accused/applicant have already been disposed of by the predecessor benches where one application was dismissed as withdrawn while the other one was dismissed. This is not disputed by counsel for the accused/applicant.

5. As mentioned above, the allegations against the accused/applicant are very serious and the trial is at a crucial stage. Order dated 25.06.2024 of a coordinate bench in Bail Application No. 1964/2024 has been shown to me by the learned prosecutor, whereby the Bail Application of the accused/applicant on same grounds as raised in this application, was dismissed.

6. Further, since the interim bail sought by the accused/applicant is solely on medical grounds, the Medical Status Report received from jail becomes significant. According to the Medical Status Report dated 03.06.2025, the accused/applicant in compliance with directions of the KATHPALIA Date: 2025.06.09 14:19:03 +05'30' Roster Bench was also sent to Safdarjung Hospital where she was examined and advised few investigations including ultrasound. The ultrasound was conducted on 03.06.2025 at Safdarjung Hospital where the accused/ applicant would be reviewed for the medical treatment after receipt of blood reports. Further, according to the said Medical Status Report, vitals of the accused/applicant are stable and she is being regularly examined and treated in the dispensary of jail as well as in Deen Dayal Upadhayaya Hospital. There is not even a whiff in the Medical Status Report that the ailment suffered by the accused/applicant cannot be treated in the above named hospitals. That being so, I find no reason to grant an interim bail at this stage to the accused/applicant.

7. The application is accordingly dismissed. (JUDGE) JUNE 09, 2025