IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

293 CRM-M-9634-2025 (O&M) Date of decision: 05.03.2025 Akshay Kumar ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Ravinder Hooda, Advocate for the petitioner.

Mr. Neeraj Poswal, AAG, Haryana.

Mr. Ashit Malik, Advocate for the complainant.

MANISHA BATRA, J. (Oral)

1. By way of filing the present petition, the petitioner is seeking grant of interim bail for one month in case arising out of FIR No.41 dated 29.01.2023 initially registered under Sections 148, 149, 307, 323, 379, 452 and 506 of IPC and Section 25 of Arms Act, 1959 ( Sections 302, 325 and

201 of IPC added later on), at Police Station Murthal, District Sonepat.

2. Learned counsel for the petitioner has argued that the petitioner has been suffering from ulcerative colitis. Though he is under treatment but no proper treatment and care has been given to him, due to which his condition is deteriorated. It is, therefore, urged that the petition deserves to be allowed and petitioner deserves to be granted concession of interim bail for the said purpose.

3. Reply has been filed by the respondent-State. It is submitted therein and learned Assistant Advocate General, Haryana, assisted by learned counsel for the complainant, has argued that as per medical opinion of the treating doctor, the petitioner was admitted with complaint of one episode of blood in vomitus. His Upper GI Endoscopy was done, which was normal study. All the other biochemical profile was normal and presently, he has no complications with regard to his disease. The petitioner is being provided proper medical care and is in stable condition. He does not deserve to be granted interim bail on medical grounds. Hence, it is urged that the petition is liable to be dismissed.

4. I have heard learned counsel for the parties at considerable length and have also gone through the record carefully.

5. The petitioner has been booked in the aforesaid FIR and is facing trial, while in custody. It is claimed by him that his health condition is not good as he is suffering from ulcerative colitis and his health has deteriorated in the absence of proper medical attention. I have perused the reply filed by the respondent-State as well as the report of the treating doctor, as per which, the petitioner was admitted in PGIMS, Rohtak on 05.02.2025 with the complaint of one episode of blood in vomitus but has been discharged on 07.02.2025 as his health has improved and his condition was stable. It is also revealed that the general condition and all the vitals of the petitioner are stable. While perusing the record, an interesting fact has come to the notice of this Court that in the application moved by the petitioner for grant of interim bail before the learned trial Court, he had taken a plea that his father was not maintaining good health as he was having some kidney and lungs related diseases but before this Court, he has taken entirely different plea that he himself is not maintaining good health. Whatsoever it may be, in the given facts and circumstance, I am of the considered opinion that no case has been made out to grant interim bail to the petitioner on medical grounds. Accordingly, the present petition is dismissed.

05.03.2025 (MANISHA BATRA)

Waseem Ansari JUDGE