The main legal point established is that the petitioner's medical condition must warrant release on interim bail, and the court's decision is based on the evaluation of the medical reports.

JUDGMENT

Brijesh Sethi, J. - The hearing has been conducted through video conference.

2. This application has been filed by the petitioner under Section 439 Cr.P.C. read with Section 482 Cr.P.C. seeking interim bail for one month in FIR bearing no. 341/2018, under section 420/467/468/471/34/120 IPC, registered at P.S. Model Town, New Delhi on the ground of his illness and Covid-19 pandemic.

3. Learned counsel for the petitioner has submitted that petitioner is a young boy of 26 years and is in custody since 24th November, 2018. He is innocent and has been falsely implicated in the present case. Petitioner is suffering from albinism and nystagmus for the last several months and due to lack of regular treatment, a squint has developed in his eyes. It is submitted that because of neurological disorder, body of the petitioner keeps trembling specially his head and hands and in the absence of proper treatment in jail, particularly in this Covid-19 pandemic, any stress or depression may be harmful to the petitioner. It is further submitted that patient of psychiatric ailments who suffers with panic disorder, obsessive-compulsive disorder, movement disorders etc. has a mysterious enigma that challenges individuals on many levels.

4. It is next submitted that vide prescription dated 25th August, 2020, the doctor has incorporated a medicine namely ''Propranolol 20 mg'' which is specific for the treatment for the above stated disorders. Thus, it is amply clear that petitioner is going through acute Psychiatric ailment. It is further submitted that predecessor of this Court after taking into account prescription dated 27th February, 2020 issued from Dr. BSA Hospital, Rohini had issued specific directions to Medical officer-in-charge, Central Jail to carry out a psychiatric examination of the applicant wherein it was specifically mentioned that "medicines to be given under strict supervision by jail authorities and no active suicidal means to be kept near patient, strict supervision 24X7" but in response, jail authorities failed to submit appropriate report as directed by this Court and instead of that a simple verification report dated 28th July, 2020 has been submitted. In view of the above ailment of the petitioner, the learned counsel has prayed for grant of interim bail for one month.

5. Reply and rejoinder to the interim bail application have been filed by the parties. During the course of arguments, it was made clear by learned counsel for the petitioner that he was confining his arguments on interim bail on medical grounds only and does not press any relief on merits or recommendations of High Powered Committee. It is further submitted that a regular bail application bearing no. 1788/2020 has been filed separately and merits of the case have been argued in the same by learned senior counsel.

6. Learned Additional Public Prosecutor for the state and learned counsel for the complainant have opposed the interim bail application on the ground that offence committed by the petitioner is serious in nature. With regard to medical ailments of the petitioner, it is submitted that petitioner is not suffering from any serious illness and his condition is normal. It is submitted that the petitioner had preferred a bail application no. 617/2020 before the Sessions court wherein Dr. Preeti Sharma, Senior Resident Psychiatric, Central Jail in her report dated 16th March, 2020 has observed that "in addition there is significant evidence of manipulation in presentation of his psychological symptoms". Further as per status report dated 22nd June, 2020 submitted before this court, it was stated that petitioner has deliberately discontinued his medical treatment without any medical advice. It is further submitted that aforesaid conduct of the petitioner reveals manipulation in presentation of his psychological illness. It is lastly argued that as per the latest medical report dated 9th September, 2020, currently all the prescribed treatments are being