IMPORTANT POINT
Fundamental right of inmates to receive adequate healthcare

JUDGMENT

Swarana Kanta Sharma, J. - The instant application under Section 439 of the Code of Criminal Procedure, 1973 (`Cr.P.C'), has been filed on behalf of the applicant/accused seeking grant of interim bail for 30 days in case FIR No. 445/2023 registered at Police Station Jahangirpuri, Delhi for offence punishable under Sections 302/120B of Indian Penal Code, 1860 (`IPC') and Sections 25/27 Arms Act, 1959.

2. Briefly stated, facts of the case are that the present FIR was registered on the complaint of the complainant who had stated that on 22.05.2023 at around 2:50 PM, when there was Shivling sthapna in Shiv Mandir near Meetha Kuan, Delhi, the applicant alongwith the co-accused persons had fired towards the deceased Bijender Yadav. The present applicant was arrested on 26.05.2023, and the chargesheet in this case was filed on 24.08.2023.

3. At this stage, the applicant/accused has preferred the present interim bail application on the medical grounds.

4. Learned Senior counsel for the applicant argues that the applicant was arrested on 25.05.2023 and since then, his health condition has started to deteriorate. It is argued that the applicant had complained of the same to the jail authorities in respect of which he has been receiving treatment inside the jail premises, in the jail hospital. It is stated that the applicant had earlier preferred one interim bail application on medical grounds before the learned Trial Court, which was dismissed vide order dated 26.09.2023 wherein it was observed that the wife of the deceased was under a threat from the accused persons and one FIR qua this incident had also been registered under Section 336 of IPC at P.S. Jahangirpuri. It is further submitted that subsequent to the dismissal of the first interim bail application on the medical grounds, the applicant remained in custody and was getting treated whilst being in the custody itself. Subsequently, the applicant had again approached the learned Trial Court seeking interim bail on the grounds of his deteriorating and declining health, which was dismissed vide impugned order dated 12.01.2024. It is argued that the learned Trial Court did not appreciate that the applicant was admitted in MAX Hospital, Shalimar Bagh in Critical Care Unit on 05.11.2018 for the very first time at the young age of 24 years in respect of his heart ailments and was discharged on 07.11.2018 with advise for `Lifestyle Modifications' along with other necessary instructions. It is also argued that the learned Trial Court did not give due consideration to the fact that the applicant had to be taken outside for his OPD treatments to DDU Hospital and G.B. Pant Hospital multiple times as per the report filed by the jail authorities. It is submitted that the investigation qua the applicant is also complete and the charge sheet has already been filed. It is further submitted that the applicant is aged around 30 years and is the sole bread earner in the family who has to look after his old aged parents, two sisters as well as his wife and one son aged l year. Therefore, it is prayed that the applicant be granted interim bail on medical grounds.

5. Learned APP for State, on the other hand, argues that the allegations against the present applicant are grave and serious in nature, and his plea to be released on medical ground should be viewed keeping in sight the seriousness of the offence committed by him. It is further argued that the applicant has been receiving proper and required medical treatment within the jail premises and there is no occasion to grant interim bail to him. Thus, it is prayed that the interim bail application of the applicant be dismissed.

6. This Court has heard arguments addressed by learned Senior Counsel for the applicant and learned APP for the State, and has perused material on record.

7. The allegations against the present applicant, in a nutshell, are that he alongwith other accused persons had fired gunshots towards the victim Bijender Yadav, during