Raushan Kumar Mishra v. State (Govt. Of NCT Of Delhi)
$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 25/2025 RAUSHAN KUMAR MISHRA .....Petitioner Through:
Mr. Tushar Gupta & Ms. Diksha Kakkar, Advocates.
versus STATE (GOVT. OF NCT OF DELHI) .....Respondent Through:
Mr. Manoj Pant, APP for the State.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
O R D E R
% 15.01.2025 1.
The present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereafter 'BNSS') has been filed on behalf of the applicant, seeking grant of interim bail for a period of eight weeks, in FIR No. 412/2021, registered at Police Station Vasant Kunj North, Delhi, under Sections 302/482/201/120B/34 of Indian Penal Code, 1860 and Section 27 of Arms Act.
2.
The grievance of the applicant, as set out in the grounds of present application, is that he is suffering from lower back pain problems since 2023 and has been receiving treatment in the jail hospital. It is submitted that after the directions of this Court, the applicant was taken for OPD treatment on 30.10.2024, where he was advised to undergo an MRI (Lumber Spine). It is submitted even after the advice of the treating doctor, the jail administration has failed to get his MRI done. It is contended that again on 13.12.2024, the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
applicant was sent to OPD at Lok Nayak Hospital and after the regular check-up, the applicant was again advised by the treating doctor to get the MRI done at the earliest. However, the same has not been done yet and the applicant is facing difficulty in carrying out day to day activities. 3.
On the last date of hearing i.e. 08.01.2025, medical status report of the applicant was called for. The report dated 13.01.2025 has been received, which is set out below:
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
4.
A perusal of the report received from the concerned Jail Superintendent regarding the current medical condition of the applicant reveals that the applicant himself has refused to undergo the MRI, though the dates for conducting the same were fixed on multiple occasions. It is also mentioned that the present medical condition of the applicant is stable. 5.
Considering the same, no ground for grant of interim bail on medical grounds, as mentioned in the present application, is made out. 6.
The concerned Jail Superintendent is however directed to ensure that a fresh date for conducting MRI of the applicant is fixed and the same is conducted at the earliest.
7.
Accordingly the present application stands disposed of. 8.
It is clarified that the matter was not heard on merits of the case. 9.
A copy of this order be forwarded to the concerned Jail Superintendent forthwith.
10.
The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J JANUARY 15, 2025/KG Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.