JUDGEMENT

SWARANA KANTA SHARMA, J.

1. By way of present application filed under Section 439 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’), the applicant herein seeks grant of interim bail for a period of eight weeks on medical grounds, in case arising out of FIR No. 684/2022, registered at Police Station Burari, under Sections 376/506 of Indian Penal Code, 1860 (‘IPC’) and Section 6 of Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’).

2. The present FIR was registered on 19.08.2022, on the complaint of victim „P‟, aged about 14 years, whereby she had alleged that in the month of October 2020, the accused Varun Wishwas had called her on her mobile number and had asked the victim to become friends with him. However, when the victim had denied his request, the accused had threatened the victim that if she did not accept his friendship offer, then he would call her father and tell him that his daughter i.e. the victim had told „I Love You‟ to him. It is alleged that due to such compulsion, the victim was forced to talk to the accused. It is further alleged that one day, in January, 2021, when the victim was alone at her house, the accused Varun had entered her house and had raped the victim. The accused had also recorded her inappropriate videos and had then started blackmailing her and by extending such threats, he had raped her on several occasions, on the pretext that he will post her inappropriate videos on internet. As alleged, the victim was raped for the last time on 03.04.2022. During the course of investigation, the victim was medically examined on 19.08.2022, and the accused was also arrested on the said day. On 22.08.2022, the statement of victim was recorded under Sections 164 of Cr.P.C., where she had supported her previous statement. The mobile phone recovered from the accused had been sent to FSL for examination and the FSL result is pending. Chargesheet was filed before the Trial Court and charges were framed against the accused/applicant Varun Wishwas.

3. Learned counsel for the applicant/accused argues that the present interim bail application has been filed on medical grounds since as per the report of Jail authorities, the platelet count of the applicant was found on lower side i.e. 36000 and he is suffering from bleeding per rectum and several other ailments. It is argued that the applicant has visited Safdarjung Hospita1, GB Pant Hospital and DDU Hospital several times for the treatment, however, he has not got any relief from these hospital and the health condition of the applicant is very serious and he is suffering from bleeding per rectum, low platelet count, etc., and his health condition has been deteriorating day-by-day and there is no improvement in the same. Thus, it is submitted that applicant wants to get effective and best treatment from a private hospital. It is also stated that the learned Trial Court has accepted vide order dated 03.01.2024 that the applicant is not in fit state of health and he is suffering from serious bodily ailments and the hospitals are also not able to diagnose his exact illness till date. It is also submitted that the applicant has been languishing in the judicial custody since 20.08.2022, and considering his medical condition, he be released on interim bail.

4. Learned APP for the State, while opposing the present bail application, argues that the applicant is receiving all the required medical treatment and assistance as he is being treated at the best hospitals of Delhi namely, Safdarjung Hospital, G.B. Pant Hospital and DDU Hospital, and every step and effort in that regard is being taken by the jail authorities as well as by the concerned hospitals and the applicant is regularly being taken to specialized departments of the aforesaid hospitals for regular meetings, check-ups and treatment. It also argued that in view of latest medical report filed by the jail authorities, the applicant does not require to be released on interim bail as