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grants 4-week to Lovkesh Bajaj on after surgery
New Delhi, : In a significant development, the on Monday granted four weeks' to Lovkesh Bajaj, the owner of the Malviya Nagar hotel where a devastating fire in June claimed 23 lives, citing his recent major abdominal surgery and the need for adequate medical recuperation. Justice Sachin Datta, presiding over the bail application under , ordered Bajaj's release on a of Rs 25,000 with one , subject to strict conditions.
A fire that shook the capital
The case stems from a tragic fire incident at 'Flourish Stays' B&B in Hauz Rani, Malviya Nagar, on , which resulted in 23 fatalities, including 13 foreign nationals, and left 24 others injured. Bajaj was arrested by the in connection with the incident. According to the investigation, his application for a hotel license had been rejected due to safety violations—the property had only one entry and exit point and lacked a fire exit. A was filed on in a against Bajaj, along with Jay Mishra and cook Kesar Negi, under sections of the , including , , and .
Medical exigency and the court's intervention
While in , Bajaj underwent a major abdominal surgery on at RML Hospital and was discharged on . He subsequently moved the High Court seeking on , arguing that his open wounds required specialized care that could not be adequately provided in jail. His counsel, , submitted that Bajaj had fainted in custody and that a complete discharge summary had not been filed, emphasizing the need for proper recuperation.
The State initially opposed the plea, relying on a report from RML Hospital stating that Bajaj only required simple dressing, which could be managed by any medical staff at the jail hospital. However, after the court directed a fresh report from the jail authorities, a more detailed assessment emerged.
Risk of complications warrants careful management
The report from the Office of the Senior Medical Officer, Central Jail No. 8/9, Tihar, revealed that Bajaj had indeed undergone major abdominal surgery and that there was a risk of complications, necessitating careful medical management. Justice Datta observed that the short period since his discharge—just six days—combined with the nature of the surgery, made a strong case for to allow for adequate recovery.
"From the aforesaid report, it is also evident that there is a risk of complications, warranting careful medical management,"the court noted.
"Having regard to the nature of the surgery undergone by the applicant and the short period that has elapsed since his discharge from the hospital, of the present case, the court is of the view that the applicant deserves to be released on on , for a limited period, to enable him to recuperate and recover adequately."
Conditions for interim release
The court imposed several conditions to ensure compliance: - Bajaj must remain within the territorial limits of the NCT of Delhi and cannot leave without prior permission. - He must furnish his residential address and mobile number to the Jail Superintendent and Investigating Officer, and keep his phone switched on with location services enabled. - He is barred from contacting the complainant, the family members of the deceased, or any witnesses, and must not . - The is to be used strictly for medical treatment and recuperation. - On expiry of the four-week period, Bajaj must surrender before the concerned Jail Superintendent.
No expression on merits
The court was careful to clarify that this order was passed solely on and should not be construed as an expression of opinion on the merits of the underlying criminal case. The trial proceedings are to continue unaffected.
The application was disposed of, and the Jail Superintendent is directed to report the date of Bajaj's release and subsequent surrender. With medical concerns now addressed, all eyes will be on the progress of the trial in the coming months.
