Interim bail can be granted based on the verified medical condition of a family member, emphasizing the necessity of the applicant's presence for care.

CRL.M.A. 18501/2024(Exemption)

1. Exemption allowed, Subject to just exceptions.

2. Application stands disposed of.

CRL.M.(BAIL) 1043/2024

3. The present interim bail application has been filed under Section 439 Cr.P.C read with Section 482 Cr.P.C. for grant of interim bail for a period of 30 days for treatment/operation of wife of the petitioner/applicant.

4. The present case pertains to FIR No. 111/2022 dated 4th April 2022, under Sections 365/395/342/170 IPC, P.S. Lahori Gate.

5. It is submitted that the wife of the applicant/accused, namely, Smt.

Laxmi Baghel is pregnant for more than six months and as per the ultrasound report dated 29th May 2024 and 31st May 2024, it has been revealed that she is suffering from “Hydrocephalus and Fetal Head that is the Fetal Head is markedly enlarged. There is a large cystic area replacing most of the cerebral hemispheres and is continuous with other side. Midline falx is deficient.”

6. It is further submitted that the father of petitioner passed away on 11th March 2007 and the mother of the applicant/accused is 55 years old, and is suffering from serious ailments. Thus, it is submitted that the petitioner is only male member in his family.

7. Learned counsel appearing for the petitioner submits that the applicant/accused has one younger real sister, who is already married and is residing in her matrimonial home. Therefore, there is no one to look after the wife of the petitioner.

8. It is further submitted that the petitioner is having a daughter who is three years old. Thus, it is submitted that the applicant/accused being only male member in his family, the presence of the applicant is necessary for purpose of looking after his wife and to make arrangements to get his wife admitted in hospital for treatment and operation.

9. Issue notice.

10. Notice is accepted by the learned counsel for the respondent.

11. Learned counsel for the respondent submits that the day of the operation of the applicant’s wife, is yet to be verified. Thus, she submits that she be granted some time for the same.

12. Per contra, learned counsel appearing for the petitioner has drawn the attention of this court to the application dated 06th June, 2024 filed by the applicant/accused wherein, it is submitted that the medical documents of the wife of applicant, have been verified. He draws the attention of this court to the following para:

“xxx xxx xxx Now the accused /petiotiner Rahul Kumar has filed an application for grant of interim bail for 30 days on the ground of medical treatment of his wife.

In this regard, medical documents, filed by the Petitioner/accused have been verified from the doctor of Doctor Anju Sharma maternity hospital 03 Tota katal, Agra, UP (Report enclosed herewith) xxx xxx xxx”

13. Considering the aforesaid, this Court notes that the factum of the medical condition of the wife of the applicant already stands verified by the police. Thus, this court is inclined to allow the present application for interim bail.

14. Considering the aforesaid, the applicant is admitted to interim bail for a period till 30th July 2024, on the following terms and conditions:

i) That the petitioner shall furnish a personal bond in a sum of ₹25,000/- with a surety of like amount to the satisfaction of the CMM/DMM.

ii) Petitioner shall remain available on the address, i.e., IP Nandini Vihar, Nandlalpur, Hathras Road, Agra, U.P. throughout the period of interim bail and shall not change the same.

iii) The petitioner shall also report to the local police station on every alternative day, at 4:00 PM.

iv) The petitioner shall remain available on the mobile number 7302738162.

The petitioner shall keep his mobile number operational throughout the period of interim bail.

v) In case of change of mobile number, the petitioner shall inform the same to the local SHO concerned, by way of an affidavit.

15. With the aforesaid directions, the present application stands disposed of.BAIL APPLN.-1492/2024 List before the Roster Bench on 30th July, 20