Interim regular bail on medical grounds is not warranted when the accused is stable and receiving adequate medical attention within the judicial custody framework, and there is no evidence of negligence or denial of treatment.

RUPINDERJIT CHAHAL, J. (ORAL)

1. The present petition has been filed under Section 483 BNSS is for grant of interim regular bail to the petitioner for a period of 90 days from the date of release, in case FIR No. 74 dated 19.05.2025 under Section 109(1), 190, 191(3), 61 of BNS (Section 103(1), 238(b) BNS added later) at Police Station Machhrolli, District Jhajjar (Annexure P-1).

2. Learned counsel for the petitioner submits that the petitioner is suffering from serious medical complications including chronic Anal Fissure accompanied with severe pain in abdomen and bleeding per rectum, which requires surgical intervention followed by proper post-operative care and medical supervision. The petitioner is unable to receive adequate medical treatment while in judicial custody. Hence, she prays that the present petition be allowed.

3. Learned State counsel has already filed the status report in the matter and he relying upon the same has opposed the prayer of the petitioner for interim bail. He submits that presently the petitioner is in stable condition and on conservative management as advised by GH Jhajjar Surgery Department and is to be referred to GH Jhajjar on coming working day for further management. Reliance in this regard is placed on Annexure R-3 annexed with the status report.

4. Learned counsel for the complainant adopts the submissions of learned state counsel and further submits that if the petitioner is enlarged on bail, there is every apprehension that he may try to intimidate the witnesses or tamper with the evidence. Hence, he prays that the present petition be dismissed.

5. Having considered the submissions made by learned counsel for the parties and perused the material on record, this Court is not inclined to grant the relief of interim bail to the petitioner at this stage. The status report filed by the State, along with Annexure R-3, indicates that the petitioner is presently in a stable condition and is receiving appropriate medical attention under the supervision of the Surgery Department, GH Jhajjar. It is further noted that necessary arrangements have been made for his referral to the said hospital. In view of the availability of adequate medical care within the existing framework and in the absence of any material to suggest negligence or denial of treatment, no ground is made out for grant of interim regular bail on medical grounds. Accordingly, the present petition is dismissed.