Delhi High Court - Orders
Hanish @ Anis vs The State & Anr on 17 May, 2023
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~69
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 3701/2022
HANISH @ ANIS
..... Petitioner
Through: Mr.Sumit Gaba and Mr.Akash,
Advocates.
versus
THE STATE & ANR.
..... Respondent
Through: Mr.Mukesh Kr, APP for the State
with SI Sonia, PS Bharat Nagar.
Mr.Vineet Jain, Advocate for
complainant with complainant in
person.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 17.05.2023 BAIL APPLN. 3701/2022
1. The learned counsel for petitioner seeks to withdraw the regular bail application with liberty to approach the learned Trial Court after the examination of the prosecutrix.
2. Accordingly, the application is dismissed as withdrawn with liberty aforesaid. Pending application, if any, also stands disposed of. CRL.M.(BAIL) 173/2023
3. Petitioner seeks interim bail in case FIR No.443/2022 under Section 376/506/509 IPC registered at police station Bharat Nagar, Delhi on the ground of eye surgery of petitioner. The learned counsel for the petitioner refers to medical status report of petitioner filed by the Jail Superintendent, 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 24/09/2023 at 10:31:18 which inter alia notes:-
As per available medical records, the inmate/ patient is a follow-up case of type II diabetes mellitus hypertension, anxiety disorder with sleep disturbance and diminution of vision for which he is under regular treatment from jail duty doctors, jail visiting specialist doctors, Dr.BSA Hospital and GNEC Hospital.
He was diagnosed as a case of both eyes phakic, subtotal retinal detachment with macula off with proliferative vitreo-retinopathy changes with inferior atrophic hole in right eye; and, supratemporal and infratemporal pigmentry lattice in left eye from GNEC Hospital.
He was admitted in GNEC Hospital from 22.03.2023 to 28.03.2023 and 08.04.2023 to 21.04.2023 for management of his illness. He was provided laser treatment in left eye on 06.02.2023 and 25.04.2023. He underwent surgery of his right eye on 11.04.2023 and 21.04.2023 in GNEC Hospital. He was discharged on 25.04.2023 with advice to follow up on 03.05.2023.
Accordingly, he was sent to GNEC Hospital on 03.05.2023; wherein, he was reviewed and advised appropriate treatment. He will be reviewed again after two weeks as advised.
At present, he is admitted in MI Room (Inpatient Ward) of jail dispensary for observation and treatment. All the prescribed medicines are provided to him from jail dispensary.
4. As per above report, the petitioner has undergone two surgeries - one in right eye and second in left eye in the last month and also needs to further undergo surgeries, as alleged. Presently, the petitioner is admitted in MI Room - Inpatient Ward of the Jail dispensary for observation and treatment.
5. The learned counsel for petitioner submits interim bail may be granted to petitioner to get the treatment from a private hospital so that his eye sight could be saved.
6. The learned counsel for petitioner also argued the petitioner is in custody for the last 11 months and primarily the dispute is regarding the 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 24/09/2023 at 10:31:18 property between two sisters, which fact is denied by the learned counsel for complainant.
7. Nevertheless, looking at the medical condition of petitioner, the petitioner is granted interim bail for a period of four weeks from the date of his release on his furnishing a personal bond of Rs.20,000/- with one surety of the like amount to the satisfaction of the learned Trial Court/Duty MM. The petitioner is also directed to provide his contact number/address to the SHO concerned as also he shall keep open his location application in his mobile at all time. The petitioner shall not visit the locality of victim and shall not try to contact/threaten/intimidate the prosecutrix in any manner, lest it shall be a ground for cancellation of his bail. Upon expiry of interim bail period, the petitioner shall surrender in time.
8. It is also made clear the petitioner shall not dispute his identity during cross examination of the victim before the learned Trial Court on 31.05.2023 and her cross examination shall be positively conducted by the learned counsel for petitioner.
9. The application stands disposed of in above terms.
10. Copy of this order be sent electronically to the learned Trial Court / Jail Superintendent for information and compliance.
11. Order dasti.
YOGESH KHANNA, J.
MAY 17, 2023 M 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 24/09/2023 at 10:31:19