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Delhi High Court - Orders

Abhishek Vasisth @ Abhi Sharma @ Abhinav ... vs State on 31 March, 2022

Author: Anoop Kumar Mendiratta

Bench: Anoop Kumar Mendiratta

                          $~19
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     BAIL APPLN. 81/2022

                                ABHISHEK VASISTH @ ABHI SHARMA @ ABHINAV
                                SHARMA
                                                                            ..... Petitioner
                                             Through  Ms. Dolly Sharma, Advocate.

                                                    versus

                                STATE
                                                                                      ..... Respondent
                                                    Through      Mr. Amit Ahlawat, APP for the State
                                                                 along with WSI Alka Sharma, P.S.
                                                                 B.K. Road.
                                                                 Mr. Zinoy Varghese, Advocate for the
                                                                 complainant.

                                CORAM:
                                HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

                                             ORDER

% 31.03.2022 By way of present application, the petitioner is seeking interim bail for a period of 60 days on the ground of various ailments suffered by the petitioner.

Since the reports earlier filed were observed to be contradictory, vide order dated 04.02.2022, the Medical Officer In-Charge was directed to be present for 15.02.2022. Learned counsel for the petitioner has relied upon the medical report dated 15.02.2022 wherein at page 6 it has been observed as follows "inmate patient is suffering from multiple ailments like both knees genu valgum (knock knees) with osteoarthritis changes, non-united fracture Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Date:01.04.2022 03:24:41 of left radius and malunited fracture of left ulna bone and sagging of skin of lower abdomen and thigh and lumbar spondylosis with tightness in feet, for which he is being provided treatment accordingly and has been advised multiple surgeries like corrective osteotomy of knee and ORIF (open reduction and internal fixation) of left forearm, both thigh surgical reduction, liposuction surgery, he has also been advised to use support for sitting and to avoid weight lifting, banding forward, squatting and crossed leg sitting but his medical condition cannot be declared as improving.".

The application has been opposed by the learned APP for the State assisted by the learned counsel for the complainant. It has been submitted that surgery for none of the treatments has yet been fixed or conclusively advised and the treatment for the ailments suffered by the petitioner is already adequately available in Jail.

Considering the facts and circumstances, I am of the considered opinion that no grounds for interim bail are made out.

The application is accordingly dismissed.

ANOOP KUMAR MENDIRATTA, J MARCH 31, 2022 A Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Date:01.04.2022 03:24:41