Delhi High Court - Orders
Dipesh @ Deepu vs State Of Nct Of Delhi & Anr on 3 May, 2024
Author: Amit Sharma
Bench: Amit Sharma
$~64
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 1381/2024, CRL.M.(BAIL) 665/2024
DIPESH @ DEEPU ..... Petitioner
Through: Mr. Avi Kalra and Mr. Prateek Lakra,
Advocates.
versus
STATE OF NCT OF DELHI & ANR. ..... Respondents
Through: Mr. Amit Ahlawat APP for the State
alongwith SI Ranjana, P.S. Subzi
Mandi.
Sh. Praveer Kumar Singh,
(superintendent) Central Jail-03.
Dr. Ganesh, Senior Medical Officer,
Sh. Jitendra, Law Officer.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 03.05.2024
CRL.M (BAIL) 665/2024
1. The present application under Section 439 of Cr.P.C read with Section 482 and Article 21 of the Constitution of India seeks the following prayers:
"i. Enlarge the Applicant/Accused on interim bail for a period of 45 days on medical grounds.
ii. Pass any such order / orders may also be passed in favour of Applicant/Accused as this Hon'ble Court may deem fit and proper under the circumstances."
2. In pursuance of the order dated 01.05.2024, medical report, dated 02.05.2024, with regard to the health condition of the present applicant from Senior Medical Officer In-charge Central Jail No. 03, Tihar, New Delhi has This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/05/2024 at 03:13:02 been handed up in Court, today and same is taken on record wherein, it is recorded as under:
"It is submitted that the inmate/patient is currently lodged in Central Jail No.03, Tihar since 16.02.2024 with diagnosis of gall stone disease (Cholelithiasis).
Inmate/patient was reviewed in Surgery OPD, DDU hospital on 21.02.2024 as a known case of gall stone disease. Specialist Surgeon also noted that patient had icterus (jaundice), but gave history of normal colored stool. On examination, his abdomen was soft. He was advised MRCP (Magnetic Resonance cholangiopancreaticography) from higher centre and medications. He was also reviewed by jail Senior Resident Medicine on 24.02.2024, Accordingly, the inmate/patient was referred to higher centre G.B. Pant Hospital on 26.02.2024, wherein he was examined by Gastroenterologist for complaints of yellowish discoloration of eye & urine. He was advised medication and investigations (blood test & MRCP). The date of MRCP has been provided by G.B. Pant Hospital as on 05.03.2025."
3. It is noted that for the purpose of removal of stone from gall bladder, the applicant has been advised to undergo surgery. It is further noted that specialist surgeon had advised MRCP (Magnetic Resonance Cholangio Pancreatography) before surgery. The date for the MRCP has been provided by G.B. Pant Hospital for 05.03.2025.
4. In view of the aforesaid circumstances, the present application is partly allowed and the appliance is directed to be released on interim bail on his furnishing of bail bonds of sum of Rs. 50,000/- with two sureties of the like amount to the satisfaction of the learned Trial Court/Link Court till the next date of hearing i.e., 29.05.2024, subject to the following conditions:
i. The applicant shall not leave NCT of Delhi without prior permission of the learned Trial Court.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/05/2024 at 03:13:02 ii. The applicant shall intimate the learned Trial Court by way of an affidavit and to the Investigating Officer regarding any change in residential address.
iii. The applicant shall appear before the learned Trial Court as and when the matter is taken up for hearing.
iv. The applicant is directed to give his mobile number to the Investigating Officer and keep it operational at all times. v. The applicant shall not, directly or indirectly, tamper with evidence or try to influence the witness in any manner.
5. The application stands disposed of accordingly.
6. Copy of the order be sent to the concerned Jail Superintendent for necessary information and compliance.
7. Order be uploaded on the website of this Court, forthwith.
BAIL APPLN. 1381/20248. List on date already fixed, i.e., 29.05.2024.
AMIT SHARMA, J MAY 3, 2024/K This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/05/2024 at 03:13:02