The court emphasized the importance of substantiating claims of illness with supporting documents when seeking interim bail.

ORDER :

1. The instant interim bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner Samaun S/o Mumtaj Khan who is in custody in relation to F.I.R. No.10/2019, Police Station Suratgarh District Sriganganagar for the offences under Sections 8/22, 29 of the NDPS Act.

2. Learned counsel for the petitioner submits that the petitioner is suffering from ailment of kidney stone which is at present 20.1 MM in size, thus he required immediate medical attention. He further submits that petitioner is in custody for last four years and earlier on two occasions i.e. on the count of illness of his mother, he was released on interim bail for a period of 20 days & 10 days by the Coordinate Bench of this Court vide orders dated 03.05.2021 and 13.01.2022 in S.B. Criminal Misc. Interim Bail Applications No.4720/2021 & 17308/2021 and during that period, his conduct was found satisfactory. Learned counsel has placed reliance on the conduct report of the petitioner as reported in order of the trial Court. He further submits that there is no likelihood of running away of petitioner from jurisdiction of the Court. He further submits that in the instant interim bail application it has been prayed that petitioner himself is suffering from kidney stone and he is advised to undergo surgery thus, he may be enlarged on interim bail for a period of 45 days for his undergoing surgery. He further submits that the petitioner will intimate the name of the hospital wherein he will be operated.

3. Aforesaid contentions are opposed by learned Public Prosecutor.

4. Heard learned counsel for the petitioner as well as learned Public Prosecutor for the State. Perused the material available on record.

5. On perusal of the record, it reveals that petitioner was allowed interim bail on three earlier occasions vide order dated 03.05.2021 for 20 days and vide order dated 13.08.2021 for 10 days and on 13.01.2022 for 15 days respectively. Last interim bail application being S.B. Criminal Misc. Interim Bail Application No.15813/2022 was filed by the petitioner on the ground that his mother is suffering from kidney stone as well as from hernia and requires urgent medical intervention but the Coordinate Bench decided the said bail application vide order dated 20.12.2022, which was dismissed as withdrawn with liberty to renew the prayer for grant of interim bail if ailment aggregates in future.

6. The instant interim bail application is filed on behalf of the petitioner on the ground that he himself is suffering from kidney stone measuring 20.1 MM and advised for operation. When this Court look at the record, it is found that not a single document to this effect has been filed by the petitioner. The order passed by the learned trial Court further indicates that not a single report supporting the contentions/averments that petitioner is suffering from kidney stone was filed. Thus, the petitioner who was allowed interim bail on three occasions, but he failed to get interim bail vide Application No.15813/2022, has filed the instant interim bail application on the ground of his illness itself. The grounds so assigned are not substantiated by any document hence, this Court is of the opinion that no case for grant of interim bail to petitioner is made out.

7. As an upshot of the discussion made herein above, this Court is not inclined to entertain the interim bail application filed on behalf of the petitioner. Hence, the same is hereby rejected.