Deepak v. State of NCT of Delhi

1. The present petition has been filed under Section 483 read with 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of the petitioner for the grant of interim bail for a period of three months in case FIR No. 210/2023 dated 15.07.2023 for the offences punishable under Sections 420/468/471 of the Indian Penal Code, 1860 (IPC) registered at Police Station Sarojini Nagar.

2. The notice of the petition was issued to the learned APP and pursuant to the same, the learned APP has handed over a status report across the Board today. The same is taken on record.

3. In view of the medical condition narrated by the petitioner in his petition, a medical status report was requisitioned from the concerned Jail Superintendent, which has been placed on record.

4. The medical status report narrates that the petitioner was admitted to Central Jail No. 4, Tihar on 20.10.2024 and he is a known case of Hypertension, for which he has been receiving treatment from Deen Dayal Upadhyay Hospital, New Delhi (“DDU Hospital”),

5. The report states that the petitioner has, from time to time, been taken to DDU Hospital as well as to the Departments of Nephrology and Cardiology at Safdarjung Hospital for his treatment, where various tests have been conducted. He is a regular follow-up patient at DDU Hospital and is currently under medication.

6. The report further narrates that the inmate patient is also a known case of Type-II Diabetes Mellitus, Systemic Hypertension, CKD Stage-IV with deranged blood urea and Serum Creatinine/Hypothyroidism. All prescribed medications are being provided to him by the jail dispensary. However, despite all the medications, the petitioner has not shown any resolution of symptoms.

7. The learned counsel for the petitioner submits that the petitioner’s condition is critical, which deteriorating day by day due to his above medical conditions. He submits that the petitioner requires proper treatment for which he would take treatment either from the National Heart Institute, East of Kailash, New Delhi, or from MAX Hospital, Saket, New Delhi.

8. The learned APP opposes the bail application, submitting that the petitioner is receiving regular treatment from various referral hospitals where he is being referred by the Jail Doctor and is being provided with due medical care and medication.

9. In rebuttal, the learned counsel for the petitioner submits that the jail doctor had earlier opined that, due to an increase in the petitioner’s creatinine levels, he may require dialysis in the future. However, there is no facility for conducting dialysis procedures in Tihar Jail.

10. Having heard the learned counsel for the petitioner and the learned APP for the State and keeping in view the above, the petitioner is admitted to interim bail for a period of 45 days from the date of his release, on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like amount, to the satisfaction of learned Trial Court / CMM / Duty Magistrate, subject to the following conditions: i. The Petitioner shall not leave NCT of Delhi without prior permission of the learned Trial Court. ii. The Petitioner shall make a video call to the concerned Investigating Officer twice a week i.e. every Monday and Saturday, between 4:00 PM to 6:00 PM. iii. The Petitioner is directed to give all his mobile numbers to the Investigating Officer and keep it operational at all times. iv. The Petitioner shall intimate the learned Trial Court by way of an affidavit and to the Investigating Officer regarding any change of residential address. v. The Petitioner shall 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. vi. The Petitioner shall appear before the learned Trial Court as and when the matter is taken up for hearing.

11. Upon expiry of the period of interim bail, the petitioner shall surrender before the concerned Jail Superintendent.

12. Copy of the Order be sent to the Jail Superintendent concerned for information and necessary compliance.

13. Accordingly, the present bail application stands disposed of.

14. Copy of this order be given dasti under the signatures of Court Master.