Ashutosh Singh Rathi v. Government Of NCT Of Delhi
$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1781/2026 & CRL.M.A. 14438-14439/2026 ASHUTOSH SINGH RATHI .....Petitioner Through:
Mr. Azhar Qayum with Mr.
Shahamuddin, Ms. Priyanka Saxen, Mr. Shahbaz Khan, Ms. Priyanka Singh, Mr. Zubair Khan, Mr. Anmol Malhotra, Mr. Devanxh Sehgal, Advocates.
versus GOVERNMENT OF NCT OF DELHI .....Respondent Through:
Mr. Ritesh Kumar Bahri, APP for the State with SI Sweta, PS Laxmi Nagar.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
O R D E R
% 12.05.2026 1.
Earlier, when a similar application seeking interim bail was taken up by this Court (BAIL APPLN. 963/2026), this Court, keeping in mind the material placed on record and in order to ensure that the applicant gets requisite treatment and to prevent any further harm to his foot, granted him interim bail on 16.03.2026 for a period of eight weeks on certain conditions. 2.
The period of interim bail is expiring today. 3.
Thereafter, the applicant filed another application praying for regular bail but when such bail application (BAIL APPLN.1781/2026) was taken up by this Court, his prayer was restricted to extension of interim bail and he was directed to handover the requisite documents to the concerned Investigating Officer for due verification and such verification report has now been placed on record by the prosecution.
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4.
As per the applicant, he is suffering from Type II Diabetes Mellitus and has been diagnosed with gangrene and verification report with respect to the documents related to MAX Super Speciality Hospital, Vaishali and Vedanta Netralya, Ghaziabad, UP reads as under:- "For the verification (sic) of medical documents, notice served to Max Super speciality Hospital Vaishali. As per the doctor's report, the petitioner was advised to undergo surgery on an urgent basis, as the diagnosis involved ongoing tissue damage & gangrene. The petitioner has neither been admitted to the hospital nor has he reported to the concerned doctor for the recommended admission & surgical procedure. A further notice was served to Vedanta Netralya Hospital, Ghaziabad, UP, regarding the verification of the medical documents provided by the Petitioner.
As per the doctor's report, the patient was examined in the OPD on 20.04.26 and diagnosed with Proliferative Diabetic Retinopathy, which is an advanced stage of diabetic retinopathy. The Patient was advised PRP Laser treatment across three sessions as an OPD procedure. The first session was conducted on 07.05.26. The Patient was advised to take precautions, including maintaining controlled blood sugar levels and avoiding heavy weight lifting, exercise, running and long travel. The subsequent sessions are scheduled for 19.05.26 and 02.06.26 respectively."
5.
The next date of hearing before the learned Trial Court is stated to be 19.05.2026 for Prosecution Evidence and learned counsel for the applicant submits that there is no dispute with respect to the identity of the accused and if his medical condition permits, he would even appear before the learned Trial Court and his counsel would also ensure that if any witness is to be cross-examined, it is done.
6.
Learned counsel for the applicant submits that the applicant would be requiring interim bail for another period of eight weeks as he is under medication and surgery would be possible only once all the requisite parameters are within the permissible range. He submits that the applicant would keep the Investigating Officer updated and would also inform him The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
about the date of admission in his hospital and the Investigating Officer would always be at liberty to cross-check his admission and the schedule for surgery etc. by contacting the applicant/his medical attendant as well as from the concerned Medical Superintendent of the hospital. He also submits that he has taken another medical opinion from Yashodha Hospital and Research Centre, Nehru Nagar, Ghaziabad.
7.
Keeping in mind the overall facts of the case, the applicant is, hereby, granted interim bail, on the same terms and conditions as mentioned in order dated 16.03.2026 and the applicant shall surrender on or before 13.07.2026. 8.
It is, however, made clear that no further request for extension would be entertained and the applicant would ensure that he undergoes surgery within the abovesaid given time-frame.
9.
The application stands disposed of in aforesaid terms. 10.
Pending application also stands disposed of.
11.
Copy of the order be given dasti under the signatures of Court Master. MANOJ JAIN, J MAY 12, 2026 st/sa The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.