Gajraj Singh, Ms. Ritika, Ms. Vanshika Adhana and Ms. Sakshi Sachdeva, Advocates v. THE STATE GOVT. OF NCT OF DELHI

Through: Ms. Priyanka Dalal, APP with SI Bijay Kumar, PS-Bawana. CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA O R D E R 16.04.2025 This is an application under Section 483 BNSS (439 of Cr.P.C) seeking grant of interim bail for a period of 30 days in case F.I.R no.447/2024 under Section 103(1)/109(1)/ 3(5)/ 189(4)/190/ 191{3) BNS at P.S. Bawana filed on behalf of the petitioner.

2. Sh. Jatan Singh, learned senior counsel appearing for petitioner submits that petitioner is suffering from CKD (Chronic Kidney Disease) Stage III/FSGS (Focal Segmental Glomerusclerosis) i.e. a condition which damages the kidney, burning micturition, lower back ache with radiculopathy and generalized weakness.

3. He further submits that the petitioner has history of dialysis 03 years ago in AIIMS, right hand amputation in the year 1993 and implant in situ on 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 17/04/2025 at 12:43:18 right leg.

4. He further submits that interim bail is for the purpose of treatment of the petitioner.

5. The application is being opposed by the learned APP appearing for the State submitting that no witness has been examined till date and, therefore, the possibility that on being released on bail, the petitioner will threaten or intimidate the witnesses cannot be ruled out.

6. She further submits that the petitioner is getting satisfactory treatment from the jail dispensary, referral hospital and, therefore, there is no ground for grant of interim bail.

7. The learned senior counsel for the petitioner points out from the status report dated 12.03.2025 filed before the learned Trial Court that the role of the petitioner is only that he was part of the unlawful assembly which came at the spot armed with danda and knife and assaulted the victims. The only role ascribed to the petitioner is that he obstructed the way of the victim while the other accused persons assaulted him. Thus, according to him, the role of the petitioner is not of assaulting the victim.

8. Learned APP files the copy of the latest status report of the SHO which is taken on record.

9. The medical status report dated 11.04.2025 received from Chief Medical Officer In-charge (CMO) Central Jail No.02, Tihar is also on record. As per the report of the CMO, the petitioner made complaint of burning micturition and with the direction of learned Trial Court dated

03.09.2024, he was sent to the Department of Nephrology at AIIMS on

06.09.2024 for the treatment. He was again sent to AIIMS for the follow up on 26.09.2024. He was advised treatment and review on 10.10.2024 It 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 17/04/2025 at 12:43:18 appears from the record that no fresh complaint was made by the petitioner on the next follow up visit at AIIMS Nephrology Department on 10.10.2024 and 27.11.2024.

10. The follow up treatment continued at Department of Nephrology, AIIMS on 16.12.2024 and 12.03.2025.

11. The report further indicates that petitioner was advised to visit Jail Dispensary multiple times in the recent past with persisting complaint of burning micturition, lower back ache and generalized weakness for which he was examined and prescribed treatment each time accordingly.

12. On 17.03.2025, petitioner was again taken to Department of Nephrology, AIIMS, where he was examined and prescribed treatment and advised to report on 14.04.2025. As per report of the CMO, the petitioner was confined to jail dispensary from 01.04.2025 to 05.04.2025 for various problems including breathlessness and dysuria. Again, he was referred to AIIMS on 07.04.2025.

13. As per the report of the CMO, the petitioner is confined to the Jail dispensary since 10.04.2025 and as per the Blood Investigation Report, urea and serum creatinine level of the petitioner is on increasing trend, therefore, he may require dialysis in near future.

14. Keeping in view, the medical condition of the petitioner as mentioned in the report of the CMO and the fact that the petitioner may require dialysis in near future, I deem it appropriate to grant interim bail to the applicant/accused for a period of 30 days from the date of release, subject to the following terms and conditions. a) The petitioner shall furnish a personal bond in the sum of Rs 50,000 (Rupees fifty thousand only) with a surety of the like amount, to 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 17/04/2025 at 12:43:18 satisfaction of the Trial Court/Duty Magistrate. b) Upon his release, the petitioner shall furnish to the IO/SHO concerned his mobile phone number on which the petitioner may be contacted at any time and shall ensure that the number is kept active and switched on at all times; c) The petitioner will furnish his permanent address to the concerned IO and in case he changes his address, he will inform the IO concerned; d) The petitioner shall not communicate with, or contact complainant or any of the prosecution witnesses, or try to tamper with the evidence of the case. e) The petitioner shall appear regularly before the learned Trial Court as and when directed. f) The petitioner shall not leave NCR without prior permission from the Trial Court. g) The petitioner shall surrender before the Jail Superintendent immediately on completion of interim bail period.

15. Copy of this order be sent to the Jail Superintendent for information and necessary action.

16. The bail application is disposed of in the aforesaid terms. APRIL 16, 2025 Sky/ia RAVINDER DUDEJA, J 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 17/04/2025 at 12:43:18