Advocates:
['PAKAJ KAPIL', '', 'R S SAMMAL', 'HARSHIT SANWAL', 'PIYUSH SAMMAL', 'G A']

HIGH COURT OF UTTARAKHAND AT NAINITAL

First Bail Application No.946 of 2021

Rahul Shahi

...Applicant

Versus

State of Uttarakhand

….Respondent

Present:-

Mr. R.S. Sammal, Advocate for the applicant.

Mr. S.S. Adhikari, Deputy Advocate General with Mr. Balwinder Singh, Brief Holder for

the State.

Hon’ble Ravindra Maithani, J.

Applicant Rahul Shahi is in judicial custody, in FIR No.683 of

2020, under Section 302 IPC, Police Station Haldwani, District Nainital. He

has sought his release on bail.

2.

Heard learned counsel for the parties through video conferencing.

3.

Daughter of the deceased lodged the FIR in the case that

somebody killed her mother in the intervening night between 19/20 December,

2020. In support of bail application, the father of the applicant had filed an

affidavit and in para 10 of it, categorically stated that the applicant is not a

mentally fit person and has been undergoing mental treatment at AIIMS New

Delhi and Military Hospital Delhi Cantt since early adolescence and now being

in custody his mental treatment has been hindered and there are chances that it

may worsen further.

4.

Counter affidavit has been filed. But during the course of

arguments learned counsel for the applicant would submit that the applicant is

a man of unstable mental health, he is a man of unsound mind and since arrest

he is not getting treatment. The Court requested the In-charge District Jail,

Nainital to submit a report about the mental condition of the applicant.

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5.

A report has been submitted by Superintendent District Jail,

Nainital. According to it, the applicant was examined in the psychiatric

department of Dr. Susheela Tiwari Memorial Forest Hospital, Haldwani,

District Nainital and the opinion was as hereunder:-

“Patient was clinically evaluated in detail on 15.06.2021

and 17.06.2021. His Rorschach diaguestion test was done

16.06.2021.

At present, he is having psychotic signs and symptoms

clinically representing unsoundness of mind. Patient has been

discussed with Dr. S.C. Godiyal, Prof. & Head and his clinical

diagnosis is persistent Delusional Disorder. He may be put on

medication as advised in his outpatient treatment slip.”

6.

It is thereafter, the father of the applicant moved an application to

take the applicant in his custody on the ground of mental illness of the

applicant. In this application, provisions of Section 330 Cr.P.C. has been

referred to, which, empowers a Magistrate to release an accused who is found

to be of unsound mind during investigation or trial. That stage has yet not

arrived.

7.

Learned counsel appearing for the applicant and his father would

submit that the father of the applicant is a retired army person; applicant is not

mentally well; he is under treatment. Therefore, he should be given in the

custody of his father.

8.

It is submitted that the father of the applicant would give

undertaking and would furnish bonds as may be required by the court.

9.

Learned State counsel would submit that as per report received

from jail, the applicant is suffering with unsoundness of mind.

10.

This Court refrains to conclude about the mental health of the

applicant, but the reports which have been submitted by the Superintendent,

District Jail, Nainital with regard to mental health condition of the applicant as

advised by the doctors at Dr. Susheela Tiwari Memorial Forest Hospital,

Haldwani, this Court is of the view that the applicant may be given in the

custody of his father. A complete examination and finding may be recorded by

the court concerned as and when such occasion arises with regard to mental

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health condition of the applicant and definitely that stage would be the first

date when the applicant would be called in the court.

11.

Applicant shall be given into the custody of his fath