Ms. Dolly Sharma, Advocate v. STATE

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 877/2025 K .BABU @ YUSUF .....Petitioner Through: Ms. Dolly Sharma, Advocate versus STATE .....Respondent Through: Mr. RajKumar, APP for the State with SI Suman CORAM: HON'BLE MS. JUSTICE SWARANA KANTA SHARMA O R D E R % 12.03.2025 1. By way of present bail application, the applicant seeks grant of interim bail in case arising out of FIR bearing no. 62/2020, registered at Police Station Sarita Vihar, Delhi, for offences punishable under Sections 376/354/506 of the Indian Penal Code, 1860 (hereafter „IPC‟) and Sections 6/8 of the Prevention of Children from Sexual Offences Act, (hereafter „POCSO Act‟). 2. The learned counsel appearing on behalf of the applicant states that the applicant is 41 years old and is suffering from multiple medical ailments including Chronic Kidney Disease-Stage 3 A, blood in urine with pain while urinating (dysuria), Autosomal Dominant polycystic kidney Disease, umbilical hernia and right Ingunial Hernia, hypertension, very high blood pressure with complaints of palpitation and anxiety attacks. It is argued that his multiple medical problems is an indication that there is an underlying 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 01/07/2025 at 00:00:41 health issue which is required to be diagnosed at the earliest and treated accordingly. It is argued that the health of the applicant has been deteriorating day-by-day at a fast pace due to non-availability of required medical treatment inside the jail. Therefore, it is prayed that interim bail be granted to the applicant. 3. Pursuant to filing of the present bail application, notice was issued to the State, and the State was directed to file Status Report and verify the medical documents and medical condition of the present accused/applicant. 4. The Status Report filed by the State is on record, the relevant portion of the which is set out below: “He is taking treatment from the nephrology department of AIIMS Hospital for his Chronic Kidney disease. He was last reviewed by the specialist doctor of AIIMS Hospital on 03.02.2025; wherein, after evaluation, he was advised strict compliance to his medication including his antihypertensive medication. He was also advised ultrasound of his kidneys and the same shall be done at AIIMS Hospital on 11.08.2025 as per given appointment date. His recent kidney function tests done at AIIMS Hospital have been deranged (2.49mg/dL) which is associated with chronic kidney disease. It is also submitted that the aforementioned inmate/patient is suffering from Autosomal Dominant Polycystic Kidney disease which is an inherited disorder in which multiple cysts are formed in kidneys. It causes progressive decline in kidney function and requires regular monitoring and follow up. It is also submitted that the aforementioned inmate/patient is a known case of hypertension. His blood pressure is being charted on a daily basis and is drastically high. He has reported to the jail dispensary on many occasions with acute exacerbation of shortness of breath and was treated accordingly. He was also referred to Dr. BSA Hospital emergency on a certain occasion as he also had chest pain along with anxiety attacks and palpitation. The inmate/patient has been admitted on certain occasions in the medical intervention room for observation, investigations, nursing care, and treatment. Despite being on blood pressure medication, his blood pressure is not coming under control and continues to be on the higher side (above 160/100). The same may cause a complication with his chronic kidney disease known as hypertension based nephropathy (deterioration of the kidney condition due to hypertension). He has been advised medication and lifestyle changes. 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 01/07/2025 at 00:00:41 At present, the 41 year old inmate/patient is suffering from multiple ailments (Chronic Kidney Disease - Stage 3A, Autosomal Dominant Polycystic Kidney disease with Positive Family History, Systemic Hypertension) causing co-morbidities and his complaints of hematuria (blood in urine) with dysurea with scanty urine are persisting despite being on medication as well as being under follow up from jail and outside referral hospitals. His general medical condition is sick and the same is interfering with his routine functioning.” 5. The learned APP appearing on behalf of the State submits that appropriate orders may be passed considering the medical condition of the applicant. 6. This Court has perused the medical status report filed by the concerned Jail Superintendent, dated 08.03.2025 of the present applicant, prepared by the Chief Medical Officer, In-Charge of Central Jail No. 10, Rohini, which reveals that the applicant is suffering from multiple ailments such as Chronic Kidney Disease - Stage 3A, Autosomal Dominant Polycystic Kidney disease with Positive Family History, Systemic Hypertension causing co-morbidities, and complaints of hematuria (blood in urine) with dysurea with scanty urine, which are persisting despite the applicant being on medication as well as being under follow up from jail and outside referral hospitals. The report opines that his general medical condition is sick and the same is interfering with his routine functioning. 7. In view of the aforesaid, and considering the overall facts and circumstances of the present case, and the medical condition of the applicant, this Court is inclined to grant interim bail to the applicant for a period of one month, subject to following conditions: i. The applicant shall furnish a personal bond in the sum of Rs.20,000/- with one surety of the like amount, to the satisfaction of learned Trial Court/Successor 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 01/07/2025 at 00:00:41 ii. The applicant shall surrender his passport, and will not leave the country without the prior permission of the learned Trial Court. iii. The applicant shall inform his residential address in case of change of residential address and mobile number to the learned Trial Court as well as to the IO. iv. The applicant shall not indulge in any criminal activity during the period of interim bail, or attempt to contact or influence the witnesses of the case. v. At the time of expiry of interim bail, the applicant will file the documents of his medical treatment that he has undergone during the said period of one month. vi. The period of one month shall be counted from the date of release of the applicant. 8. Accordingly, the present bail application stands disposed of. 9. The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J MARCH 12, 2025/ns Click here to check corrigendum, if any