HIGH COURT OF UTTARAKHAND AT NAINITAL Irshad ….....Applicant Versus State of Uttarakhand ….….Respondent Present:-

Mr. Lalit Miglani, Advocate for the applicant.

Ms. Rangoli Purohit, Brief Holder for the State.

Mr. R.P. Nautiyal, Senior Advocate assisted by Mr. Pavan Kumar Nath, Advocate for the informant.

Hon’ble Ravindra Maithani, J. (Oral)

Applicant is in judicial custody in Case Crime No.422 of 2021, under Sections 147, 148, 149, 302, 307, 323, 504, 506 and 120-B IPC, Police Station Kotwali Laksar, District Haridwar. He seeks short term bail on the ground of his illness.

2. Heard learned counsel for the parties and perused the record.

3. This Court had required State to file response to the short term bail application. It has been filed.

4. Learned counsel for the applicant would submit that the applicant is a heart patient; the applicant has been suffering with multiple ailments; the applicant is a senior citizen; the doctor has advised him PTCA with stent; the applicant wants to get stent inserted. For that purpose, three weeks short term bail may be granted.

5. Learned Senior Counsel appearing for the informant would submit that earlier, when the applicant was released on short term bail, he was freely moving in the village; the applicant is under medication in jail.

6. Learned State Counsel would submit that as per the instructions received today, the applicant is though suffering with heart disease, but he is under medical treatment; the stent was inserted on him on 07.12.2024. Now TMT is also to be done and then it will be decided by the cardiologist, if there will be need for further surgical intervention.

7. Along with the response, State has filed a report of medical officer, which shows that the applicant has been suffering with multiple ailments. He was referred to cardiologist for opinion also.

8. Without adverting further on any aspect of the matter, purely on the humanitarian ground, this Court is of the view that, the applicant may be granted short term bail for a period of three weeks from the date of his release.

10. Accordingly, the applicant shall be enlarged on short term bail only for a period of three weeks from the date of his release on his executing a personal bond and furnishing two reliable sureties, each of the like amount to the satisfaction of the Court concerned. It is further directed that, on expiry of three weeks, the applicant shall surrender before the court concerned and intimation to this effect shall also be given to this Court. It is further directed that the applicant shall deposit his passport, if any, to the court concerned.

(Ravindra Maithani, J.)

26.03.2025

Ravi Bisht