Chattisgarh High Court
Vijay Kumar Bhatia vs State Of Chhattisgarh on 11 August, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
ORDER RESERVED ON 07.08.2025
ORDER DELIVERED ON 11.08.2025
MCRC No. 5601 of 2025
1 - Vijay Kumar Bhatia S/o Shri Ashok Kumar Bhatia, Aged About 55 Years
R/o 5/6, Nehru Nagar East,bhilai, District - Durg,chhattisgarh - 490020.
(currently Under Judicial Custody At Central Jail, Raipur (C.G.)
... Applicant(s)
versus
1 - State Of Chhattisgarh Through Economic Offences Wing (Eow) / Anti-
Corruption Bureau (Acb), Headquarter, Opposite Jai Jawan Petrol Pump,
To Telebandha, Raipur, Chhattisgarh - 492001.
... Respondent(s)
C A V Order 07/08/2025 Mr. S. Nagamutthu, Sr. Advocate along with Mr. Mayank Jain, Mr. Harshwardhan Parganiha, Mr. Shreya Kuashal, Mr. Harshit Sharma, and Ms. Manubha Shankar, Advocates for the applicant.
Mr.Vivek Sharma, Addl. Advocate General for the State.
Heard on I.A. No. 01/2025, application for grant of 2 interim relief.
The applicant has filed this application seeking grant of interim relief as he has been arrested in connection with the FIR No. 04/2024 dat 17.01.2024 registered by the EOW/ACB Chhattisgarh for the offences under Sections 4202,467,468,471 and 120-B IPC and Sections 7 & 12 of the Prevention of Corruption Act,1988.
Learned Sr. counsel for the applicant submits that the applicant was diagnosed with liver cirrhosis and low eGFR which indicates reduced kidney function, suggestion some degree of renal impairment.; high asparate amino transferase (AST) level involving the liver, damaging muscle, heart or other tissues. The applicant experiences chronic difficulty with bowel movements and requires medication. Looking to the seriousness of his medical condition, from time to time, been administered intravenous Albumin a part of his ongoing treatment on regular intervals as part of his ongoing treatment. He has therefore submitted that in view of the applicant's critical medical condition and the requirement of continuous specialized medical intervention, the jail authorities may be directed to ensure that the applicant is provided with prompt, adequate and uninterrupted medical care, with the advice of competent medical professionals, so as to safeguard his life and health. Lastly, he submits that since three of the co-accused persons who are similarly placed and facing identical allegations, have already been enlarged on bail by the Apex Court and therefore, the applicant may also be granted the benefit of bail, there being no distinguishing features in his 3 case warranting a different view.
Per contra, learned State counsel submits that the investigation is still going on and charge sheet has not been filed and therefore he may not be granted bail. He further submits that the Investigating Agency has duly provided requisite medical care and treatment to the applicant as and when the situation so warranted, promptly by facilitating his admission and treatment at Ram Krishna Hospital. He submits that this Court had directed to take the applicant to AIIMS, Raipur for his examination by the medical experts in the field pertaining to the ailment from which he is suffering and he has submitted the report of the Medical Board of All Indian Institute of Medical Sciences, Raipur CG consisting of experts/medical specialists in the concerned branch of medicine relating to the ailment afflicting him and as per the report, the applicant was taken to AIIMS, Raipur where a Medical Board comprising of HOD General Medicine, HOD Culminary Medicine, HOD Endocrinology, HOD Nephrology and the Medical Superintendent of AIIMS, Raipur evaluated and examined the applicant a required and has advised for certain medication to the applicant which has been administered to him by the jail authorities regularly. Report has also been given by the AIIMS Raipur that the applicant can be treated at any government/private Hospital in Raipur. Learned State counsel submits that in view of the report submitted by the AIIMS Raipur, wherein it has been specifically mentioned that the patient's current condition is clinically stable. The submission of the learned counsel for the petitioner that three of the co-accused persons were 4 enlarged on bail by the Apex Court and therefore the present applicant may also be granted similar benefit, to this, it is submitted that the investigation against them has not been completed and the charge sheet is yet to be filed.
I have heard learned counsels for the parties and perused the documents annexed with the record.
On the last date of hearing, learned State counsel was directed to to take the applicant to AIIMS, Raipur for examination by the experts of the disease with which he is stated to have been suffering and to provide treatment accordingly. It was also directed to the State to constitute a Medical Board of All India Institute of Medical Sciences (AIIMS), Raipur CG consisting of experts of the disease which the applicant is ailing from. The Medical Board, upon due examination, has diagnosed the applicant with the following ailments:
"Patient is suffering from morbid obserity. Type 2 Diabeties Mellitus (T2DM), Hypertension (HTN), Chronic Kidney Disease (CKD), Chronic Liver Disease (CLD), Distal Symmetric Polyneuropathy (DSPN) and Non Proliferative Diabetic Retinopathy (NDPR) with Diabetic Macular Edema (DME). Patient was found to have deranged Thyroid Stimulating Hormone (TSH) and inadequate glycemic control.
Patient's current condition is clinically stable. He is advised to follow upon OPD basis.
He has been advised:
1. Weight reduction.
2. Blood sugar control.
3. Dietary advice.
4. Oral medications to continue as advised.
Patient can be treated at any 5 Government/private hospital in Raipur.
So far as the interim relief on the above medical ground is concerned, there is possibility of interrogation by the investigation agency and the charge sheet has not yet filed, this Court is not persuaded to grant interim relief to the applicant at this stage. Accordingly, I.A. No. 01/2025 is hereby rejected.
The contention of the counsel for the applicant that his condition is critical and requires constant specialized medical attention and it has been further contended that the applicant has to be administered albumin infusions on a weekly basis and any omission or delay in the said procedure would inevitably precipitate a serious deterioration in his health condition and therefore looking to seriousness of the applicant's health condition, the applicant shall be shifted to Ram Krishna Hospital, Raipur in custody to ensure that he is receiving the requisite treatment and care without delay. However, in the event, the applicant undergoes treatment at Ram Krishna Hospital, Raipur as an indoor patient (admitted), the expenses thereof shall be borne by him and if the treatment is availed by the applicant at AIIMS, Raipur, the treatment shall be borne by the State.
It is made clear that in the event the applicant is admitted to Ram Krishna Hospital, Raipur or AIIMS, Raipur, visitation shall be strictly restricted to his family members, who alone shall be permitted to meet him in person within the hospital premises and to the investigating officer, as and when required for the purpose of examination in connection with the investigation.
6In view of the above, let the order of this Court be communicated forthwith to the concerned Jail authorities, the Investigating Officer as also the EOW who shall ensure that the applicant is afforded requisite medical attention promptly.
List this case after six weeks along with the medical report of the applicant.
Sd/-
(Arvind Kumar Verma) Judge suguna Digitally signed by JYOTI JHA Date: 2025.08.11 19:48:24 +0530