Delhi High Court - Orders
Arjun Alias Bittoo vs The State (Govt. Of Nct Of Delhi) on 22 July, 2021
Author: Mukta Gupta
Bench: Mukta Gupta
$~15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 2129/2021
ARJUN alias BITTOO ..... Petitioner
Represented by: Mr. Samrat Nigam, Advocate with
Mr. Rishi Sood, Advocate.
versus
THE STATE (GOVT. OF NCT OF DELHI) ...... Respondent
Represented by: Mr. Ravi Nayak, APP for the State
with SI Rishikesh, PS Fatehpur Beri.
Mr. Jagdev Singh, Advocate with
Mr. K.S. Negi, Mr. Sachin Saini,
Advocate for the Complainant.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 22.07.2021 The hearing has been conducted through Video Conferencing.
1. By this petition the petitioner seeks interim bail on medical grounds in case FIR No.109/2010, under Sections 302/506/34 IPC and Sections 25/27 of the Arms Act, registered at PS Fatehpur Beri.
2. A status report has been filed indicating the other involvements of the petitioner and that one of the co-accused who was granted interim bail has jumped the bail, whereas at the moment the other co-accused is on interim bail.
3. Considering the gravity of the offence alleged, interim bail is strongly opposed by the State as well as by the learned counsel for the complainant.
4. A perusal of the status report reveals that the petitioner is in custody not only in FIR No.109/2010 under Section 302/506/34 IPC and Sections 25/27 of the Arms Act registered at PS Fatehpur Beri, but also in FIR Signature Not Verified Digitally Signed By:JUSTICE MUKTA GUPTA BAIL APPLN. 2129/2021 Page 1 of 3 Signing Date:22.07.2021 23:51:14 No.109/2010, recorded on the statement of the injured Surender, nephew of the complainant as also FIR No.414/2019 under Sections 384/120B IPC, registered at PS Fatehpur Beri.
5. A perusal of the medical report of the petitioner received from the Tihar Jail reveals that the petitioner is a follow-up case of pulmonary koch's with low backache with radiculopathy and past history of pott's spine. Presently, the petitioner is on anti-tubercular treatment but still complaints of breathlessness and sputum with blood stain, weakness and numbness in both lower limbs.
6. In view of the medical condition of the petitioner, the learned counsel for the petitioner states that the petitioner needs specialized treatment. On instructions, he states that in case the petitioner is permitted to be admitted in a private hospital, the petitioner would bear the expenses of the medical treatment. He further states that the petitioner would like to get his treatment done at Max Hospital at Saket.
7. Considering the present medical condition of the petitioner and that the petitioner's complete check up for diagnosing the reason of numbness in both lower limbs and other ailments is required to be done, this Court directs that the petitioner be taken to Max Hospital at Saket, New Delhi by the concerned Superintendent Central Jail on Monday, i.e., 26th July, 2021 in custody, who will be examined by the concerned doctor and in case the doctor suggests that the petitioner needs admission, the petitioner will be admitted in the hospital in custody at the expenses of the petitioner.
8. Awaiting the report from the Superintendent Tihar Jail as to the outcome of the petitioner's examination at Max Hospital, Saket, New Delhi, list this petition on 30th July, 2021.
9. Order be uploaded on the website of this Court as also be Signature Not Verified Digitally Signed By:JUSTICE MUKTA GUPTA BAIL APPLN. 2129/2021 Page 2 of 3 Signing Date:22.07.2021 23:51:14 communicated to the concerned Superintendent Tihar Jail by the Registry as also by the learned APP for the State.
MUKTA GUPTA, J.
JULY 22, 2021/vk Signature Not Verified Digitally Signed By:JUSTICE MUKTA GUPTA BAIL APPLN. 2129/2021 Page 3 of 3 Signing Date:22.07.2021 23:51:14