IMPORTANT POINT
The judgment emphasizes the court's duty to consider humanitarian concerns while balancing the seriousness of the offence and the well-being of the accused's family, particularly the psychological recovery of a child in such circumstances.

JUDGMENT

Swarana Kanta Sharma, J. -

CRL.M.A. 29691/2023

1. The present application has been filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) for taking additional grounds for interim bail application, i.e. CRL.M.A. 1385/2023, in view of serious medical emergency of the petitioners daughter Ms. X (name redacted), who is suffering from Paranoid Schizophrenia and has shown serious suicidal tendencies in the past about 10 days.

2. At the outset, learned Senior Counsel for the petitioner stated that he is pressing only the present application with regard to the medical condition of the petitioners daughter and is not arguing on the main interim bail application filed by petitioner on medical grounds.

3. The case of the petitioner is that his daughter, who is aged about 16 years, is suffering from serious mental health conditions which had first surfaced around December, 2022. As stated in the petition, on 27.12.2022, the petitioners daughter was admitted at Paras Hospital, Gurugram, Haryana in emergency where she was diagnosed with Paracetamol Poisoning (suicide attempt), and a Gastric Lavage was immediately conducted to manage the Paracetamol poisoning and she was kept under strict medical supervision. It is stated that after the first attempt, she had tried to commit suicide again on two different occasions, and upon further examination, it had emerged that she was also suffering from Acute Stress reaction (ASR), which is a serious psychiatric disorder. It is further stated that regular consultations and follow up was done with doctors, who had advised that petitioners daughter should be kept under strict vigilance as there was a risk of self-harm. Further, it was also observed by the doctors that the same is on account of the petitioners incarceration, thus therapy sessions were advised. It is submitted that the daughter of the petitioner had tried to commit suicide again on 23.03.2023 after which she was rushed to Medharbour Hospital, Gurugram, Haryana where she was diagnosed with Staggered Paracetamol Ingestion and Paranoid Schizophrenia F20. It is stated that in view of such mental condition of the petitioners daughter, the petitioner was granted interim bail by the learned Trial Court.

4. Learned Senior Counsel for the petitioner argues that in the last about 10 days, the daughter of petitioner has again displayed suicidal tendencies and symptoms of depression and anxiety. It is submitted that the petitioners wife was immediately constrained to consult the childs doctor on 26.10.023 in V-Medica, Gurugram, Haryana where it was reiterated that the daughter of the petitioner is suffering from acute anxiety and headaches. It is further stated that the daughter of the petitioner was also examined by Dr. Anuj Mittal, Deen Dayal Upadhyay Hospital, New Delhi on 27.10.2023 where it was again observed that psychiatric symptoms were present, despite regular medication. It is argued by learned Senior Counsel for the petitioner that the petitioner deserves to be released on interim bail on humanitarian grounds in order to be physically present with her daughter. It is also argued that daughter of petitioner has to appear for SAT Exam (Scholastic Assessment Test) which is scheduled for 02.12.2023 and the petitioners absence during the preparation for the exam, has further added to her depression and anxiety, thereby further increasing the risk of another suicide attempt. Therefore, it is argued that the present application be allowed.

5. On the other hand, learned Special Counsel for ED opposes the present application and states that as per the opinion of concerned doctor of DDU Hospital, the petitioners daughter has been advised close vigilance by family members, preferably parents, and it is not the case that the Doctor has advised care by parents only. It is also submitted that two cousins of the petitioner also reside near the house of the petitioner, who are also available to take care of the petitioners daughter wh