Phool Kumar v. State Of Haryana

CRM-M-8203 of 2025

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-8203 of 2025 DATE OF DECISION :- 21.02.2025 Phool Kumar

...Petitioner

Versus

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present:- Mr. Arjun Veer Sharma, Advocate for the petitioner. Mr. Rupinder Singh Jhand, Addl. A.G., Haryana. *** HARPREET SINGH BRAR , J.

(Oral) 1.

Prayer in this petition filed under Section 483 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (in short 'BNSS, 2023), is for grant of interim bail to the petitioner for two months in FIR No.522 dated 19.10.2023 (Annexure P-1), under Sections 22(C), 29 of NDPS Act, 1985, registered at Police Station City Bhiwani, District Bhiwani. 2.

In pursuance to the notice of motion issued by this Court, reply by way of affidavit of Sh. Satyander Kumar, HPS, Dy. Superintendent of Police, HSNCB, Sunaria, Rohtak has been filed along with reply with the medical record and the advise of the concerned doctor with regard to the treatment of the wife of the petitioner has been filed by learned State counsel. Same are taken on record.

3.

Learned State counsel has referred to Annexure R-3 which reads as under :- PARVINDER SINGH 2025.02.24 18:28 I attest to the accuracy and authenticity of this order/judgment

CRM-M-8203 of 2025 "Patient Bimal Kaur w/o Phool Kumar 42yr/M R/O Talu is presented in OPD on 23-11-2024 with compliant of irregular bleeding P/V and pain in lower abdomen since 2-3 years with white discharge. She took treatment from local doctor for this but got no relief. She diagnosed with DUB with PID (Failed medical management) for which advised Hysterectomy (LAVH)."

4.

Learned State counsel submits that the advise of the concerned doctor clearly indicates that wife of the petitioner is not suffering from any serious life threatening disease for which the presence of the petitioner is required.

5.

Having heard learned counsel for the parties, the opinion of the doctor dated 15.02.2025 reveals that the wife of the petitioner has complained of irregular bleeding and pain in lower abdomen since 2-3 years and she is not getting any relief from the treatment recommended by the local doctors and she has been advised for Hysterectomy (LAVH) and further the wife of the petitioner is 42 years of age and petitioner has not provided any detail whether there is any other member in the family to take care of wife of the petitioner during her operation. 6.

No ground is made out to accept the present petition, therefore, the same stands dismissed.

(HARPREET SINGH BRAR) JUDGE 21.02.2025 P.Singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2025.02.24 18:28 I attest to the accuracy and authenticity of this order/judgment