The court denied interim bail due to lack of serious health issues as per medical reports, while ensuring the petitioner receives adequate medical treatment in custody.

Order :

1. By way of filing present interim bail application under Section 439 Cr.P.C., the petitioner has prayed for grant of interim bail for a period of 30 days on the ground of his illness.

2. Learned counsel for the petitioner submitted that the petitioner is suffering from serious disease of cramps in his left Lower Limb. Learned counsel submitted that though he has been provided treatment by the Jail Authorities but there is hardly any improvement in his health condition. Learned counsel submitted that looking to the illness of the present petitioner, he may be granted interim bail for a period of 30 days so that he can get himself treated at a higher medical centre.

3. Per contra, learned Public Prosecutor has opposed the bail application for interim bail and submitted that the petitioner is being provided regular treatment at MDM Hospital, Jodhpur. Learned Public Prosecutor submitted that as per the MRI report of the present petitioner, no serious ailment/deterioration in his health condition has been found. Learned Public Prosecutor submitted that looking to the seriousness of the allegations levelled against the present petitioner, he does not deserve to be enlarged on interim bail.

4. In rebuttal, learned counsel for the petitioner submitted that as a matter of fact, the petitioner is regularly complaining to the Jail Authorities about the pain from which he is suffering in his lower limb, however, for want of guards, the Jail Authorities are not sending him to the hospital for his regular follow up of treatment. Learned counsel for the petitioner thus prayed that the petitioner may be enlarged on interim bail.

5. Having considered the rival submissions, facts and circumstances of the case and having perused the factual report with regard to the ailment of the petitioner submitted by the learned Public Prosecutor, this Court prima facie finds that on 01.12.2024, the MRI of the affected limb of the present petitioner was conducted wherein no infirmity has been found in his health.

6. In view of the aforesaid, this Court is not inclined to release the petitioner on interim bail as prayed. However, learned Public Prosecutor is directed to instruct the Jail Authorities that they should ensure that the present petitioner receives regular treatment and follow up/check ups so that his health condition may not get deteriorated.

7. Accordingly, the interim bail application filed on behalf of the petitioner is hereby rejected.