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Bombay High Court

Akrishnaprakash Ramji Yadav vs The State Of Maharashtra And Anr on 3 February, 2026

 Prasad Rajput
     (P.A.)                                                 905_BA_268_2026.doc




         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               CRIMINAL APPELLATE JURISDICTION
                    BAIL APPLICATION NO.268 OF 2026


 Akrishnaprakash Ramji Yadav                                     ...Applicant
       Versus
 State of Maharashtra and Anr.                                   ...Respondents


 Mr. Sachin Thombare, for the Applicant.
 Ms. Anuja S. Gotad, APP for the Respondent - State.
 PSI - Sachin Tambe, MIDC Police Station, Mumbai, present.


                               CORAM          DR. NEELA GOKHALE, J.
                               DATED:         03RD FEBRUARY 2026
 PC:-


 1.               The Applicant seeks his enlargement on bail for a

 period of three months in connection with C.R.No.701 of

 2024 dated 27th October, 2024 registered with the MIDC

 Police Station, District: Brihanmumbai City, for the offences

 punishable under Sections 137(1)(b), 137(2), 64(2)(i), 65(1),

 143 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short

 'BNS') and Sections 4, 8 and 12 of the Protection of Children

 from Sexual Offences Act, 2012 ('POCSO').




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  Prasad Rajput
     (P.A.)                                               905_BA_268_2026.doc


 2.               By order dated 28th January, 2026, Ms. Gotad,

 learned APP was requested to call for a report from the

 Medical Superintendent of Arthur Road Jail regarding the

 health status of the Applicant.



 3.               Today, the Chief Medical Officer, Mumbai Central

 Prison, Mumbai has submitted report dated 2nd February, 2026

 through Ms. Gotad. The same is taken on record and marked

 as Exhibit 'X'.



 4.               The medical report reads thus:


          "The said prisoner on arrival to Mumbai Central Prison
          provided his past Medical Records which suggested he is
          known case of Ankylosing Spondylitis. He was referred to
          Orthopaedic Surgeon of Sir J.J. Hospital, Mumbai, who further
          referred him to Rheumatologist at Nair Hospital, Mumbai. The
          said prisoner was sent to Nair Hospital for consultation and he
          was examined by Rheumatologist, various investigations were
          done and he was advised Medications. He was continued on
          medications as advised, however, he was also prescribed Inj.
          Adalimumab 40 to be taken every 15 days, which was not
          available with Prison. The said injection is a biological injection
          with high cost, a proposal to arrange for the same was sent to




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  Prasad Rajput
     (P.A.)                                                        905_BA_268_2026.doc

          prison administration. However, it was instructed to continue
          the treatment at Government Hospital at free of cost.
          The said patient was sent to Sir J.J. Hospital with request to
          provide treatment free of cost, however they also mentioned
          the said injection is not available and demanded funds for
          procurement of Injection, which was not sanctioned. He was
          later discharged with advice to take Inj. Adalimumab.
          He was referred to Nair Hospital again where also he did not
          receive the injection. KEM hospital and Sion Hospital were also
          telephonically       enquired      about      the    availability      of    Inj.
          Adalimumab, but they also did not have the same. Hence, he
          was kept in Prison Hospital for observation and treatment. He
          was continued on secondary drugs which were being
          prescribed by Rheumatologist of Nair Hospital.
          8) MEDICAL ADVICE:
          The Rheumatologist has advised "He has very aggressive
          disease beyond doubt and it will be imperative that he receives
          proper and timely treatment to prevent deformities." "Possible
          complications of delay in treatment-1-spine deformity or spine
          fusion which is irreversible. 2- changes, lung issues. 3-poor Rx
          in jail can aggravate the disease to refractory position where
          more drugs may be required in future."
          9) PRESENT HEALTH STATUS: the said prisoner is currently
          admitted at Sir J.J. Hospital. He was sent to Sir J.J. Hospital on
          31.01.2026 for his complains of persistent severe abdominal
          pain not resolving on medications. He was examined by
          Medical Officer of Sir J.J. Hospital and admitted as indoor
          patient on 31.01.2026 and continues to be admitted since
          then."




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     (P.A.)                                             905_BA_268_2026.doc


 5.               Considering the medical advice by the doctors of

 the Prison, the diagnosis and the treatment required to be

 given to the Applicant, which is not available in the prison nor

 in the government hospital, I am inclined to enlarge the

 Applicant on bail for a period of three months from the date

 of his release on following conditions and it is ordered as

 under:-


                                     ORDER

i) The Applicant is directed to be released on interim bail on furnishing a Cash Bail in the sum of Rs.25,000/- for the period of three months from the date on which he is released;

ii) The Applicant is directed to keep the Superintendent of Mumbai Central Prison, Mumbai apprised of the details of his whereabouts including the name of the Hospital, the name of the treating doctors, the relatives visiting him and any other Page 4 of 5 rd 3 February 2026 ::: Uploaded on - 04/02/2026 ::: Downloaded on - 04/02/2026 20:42:41 ::: Prasad Rajput (P.A.) 905_BA_268_2026.doc information as required by the Investigating Officer / Jail authorities.

iii) The Applicant is enlarged on interim bail for a period of three months from the date on which he is released.

iii) The Applicant shall not tamper with evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case;

iv) The Applicant shall surrender to the jail authorities concerned, at or before 03:00 pm. of the last day of third month from the date on which he is released.

6. Temporary Bail on medical ground is allowed, in the aforesaid terms.

7. All the parties shall act on an authenticated copy of this order.

(DR. NEELA GOKHALE, J) Page 5 of 5 rd 3 February 2026 ::: Uploaded on - 04/02/2026 ::: Downloaded on - 04/02/2026 20:42:41 :::