Final Order 5

Order Details: COPY OF ORDER
Pdf Text: CNR No. DLCT11-000996-2025
Bail Matter No. 305/2025
State Vs. Srikant Prasad
FIR No. 39/2025
P.S. Anti Corruption Branch
15.10.2025
ORDER
1. This order will decide the application for interim bail
under Section 437 Cr.PC r/w section 480 BNSS filed on behalf of
Applicant/Accused Srikant Prasad on medical grounds.
2. Ld. Counsel for the Applicant/Accused submitted that the
Applicant/Accused has been arrested on 01.10.2025 on the ground
that Applicant/Accused being an Assistant Engineer, MCD
(Najafgarh Zone), allegedly demanded and accepted a bribe of Rs.
50,000/- from the complainant, Mr. Imran Raza, in connection with
issuance of a status/NOC report relating to property No. 99-A/2,
Ambika Enclave, Kakrola, Delhi.
3. He further submitted that the Applicant/Accused has
been falsely implicated and the alleged recovery is planted and
stage-managed, and the case rests entirely on trap proceedings which
are documentary in nature and supported by independent witnesses
already examined at the time of trap. He also submitted that the
alleged recovery of tainted money has already been effected.
4. Ld. Counsel for the Applicant/Accused has pressed this
application on the ground that the Applicant/Accused is suffering
from serious life threatening ailments; he has undergone a liver
transplant surgery and requires continuous medical care under
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specialist supervision, including hourly monitoring of vitals, regular
medication and nursing support. He submitted that the
Applicant/Accused is also suffering from hypertension; diabetes
mellitus, requiring insulin injections 3-4 times daily and he is
confined to a wheelchair and cannot be properly managed in
custody.
5. He also submitted that the treating doctor has certified
that the condition of the Applicant/Accused is critical and that any
lapse in medical supervision may endanger his survival and
recovery. He has, therefore, requested that keeping in view the
medical condition of the Applicant/Accused, he may be granted
interim bail.
6. On the other hand, Ld. Public Prosecutor has opposed the
application and argued that though the grounds mentioned on behalf
of Applicant/Accused are correct and have been duly verified by the
IO but as per the Jail Report, the Applicant/ Accused can be
appropriately treated in the Government referral hospital like
AIIMS, Safdarjung, GB Pant, LNJP and RML. He argued that since
proper medical facilities can be provided to the Applicant/ Accused
even in custody, the application is liable to be dismissed.
7. He also argued that the investigation is still going on and
voice sample of the accused is yet to be taken for forensic analysis,
for which his continued custody is imperative. He further argued that
there is a likelihood that the accused may abscond if released on bail
and also that the accused may hamper the investigation or influence
the witnesses, if granted bail. Ld. PP for the State prayed for
dismissal of the application.
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8. I have carefully considered the submissions of Ld.
Counsel for the Applicant/ Accused and Ld. PP for the State and
perused the charge-sheet and the medical records.
9. As per the report filed by the IO, the medical documents
of the Applicant/ Accused have been verified and found to be
correct. A report has also been called from Tihar Jail wherein it has
been mentioned that proper medical facilities are available in
government referral hospitals to provide adequate treatment and care
to the Applicant/ Accused. It is evident from the medical records as
well as the Jail Report that the Applicant/ Accused is suffering from
serious ailments and his medical condition seems to be serious.
According to the Jail Report, the Applicant/ Accused was referred to
Deen Dayal Upadhyay Hospital for acute febrile illness, severe
weakness, vomiting and shivering which was not relieved after
medication. The Applicant/ Accused was provided proper
medication and sent back to the jail, however, three days later, upon
review by the Cardiology Department, G.B. Pant Hospital, he was
referred to Lok Nayak Hospital where he was scheduled to visit on
13.10.2025. The Jail Authorities have also reported that the
Applicant/ Accused is hemodynamically stable and can walk with
support. It has also been reported that the Applicant/ Accused is
admitted in the MI Room of Jail Dispensary for vital monitoring and
persisting complaints of fever, abdomen pain, vomiting and
weakness and all the medicines are being provided.
10. The law regarding the grant/ dismissal of interim bail
application has been laid down by Hon’ble High Court of Delhi in a
catena of judgments. Ld. PP for the State has relied on the judgment
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of Sanjay Jain vs. Enforcement Directorate passed by Hon’ble High
court of Delhi on 5th June, 2023 where the Accused was suffering
from serious ailments but his interim bail on medical grounds was
rejected. However, in the said case, the CT Coronary Angiography
was to take place and there was no legal opinion of expert as to the
specialized treatment and care. However, in the case at hand, the
Applicant/Accused has already undergone a liver transplant surgery
and is now facing post surgery issues.
11. It has been held by Hon’ble High Court of Delhi in the
case of Vijay Agrawal vs. Directorate of Enforcement 2022 SCC
OnLine Del 4516 that the discretion to grant interim bail need not
wait until the Accused is breathing his last. It was also observed that
a person in custody with serious ailments should be given
opportunity to have medical treatment.
12. Although, this court is mindful of the fact that discretion
for granting interim bail on medical grounds should be exercised
extremely cautiously and even though as per the Jail Report, the jail
referral hospitals are equipped with providing proper treatment to
the Applicant/ Accused and the record shows that commendable
efforts have been made to provide him with adequate treatment to
the Applicant/ Accused by getting him treated from DDU first, then
GB Pant and now, LNJP, however, this court is of the view that the
ailments suffered by the Applicant/ Accused are multiple and need
specialist treatment. Also, considering the medical history of the
Applicant/ Accused, this court is of the view that the treating doctor
who is fully aware of the past history of the Applicant/ Accused
would be able to provide better treatment to him. Further, the regular
monitoring and the special diet food seem important in the case of
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the Applicant/ Accused to recover better and it cannot be denied that
the same can be more effectively provided privately and not inside
the jail. The facts of the present case are a little peculiar meaning
thereby, no specific treatment has to be provided or surgery has to be
conducted but much care has to be provided and regular medical
monitoring has to conducted to ensure smooth and fast recovery post
liver transplant surgery. From the Jail Report, it is clear that the
medical condition of the Applicant/ Accused is serious. Therefore,
this court thinks that continued custody of the Applicant/ Accused,
in the present circumstances, would be detrimental to his health and
contrary to the mandate of Article 21 of the Constitution of India,
which guarantees right to life with proper medical care.
13. As for investigation, Ld. Counsel for the Applicant/
Accused submitted that the Applicant/ Accused will join the
investigation as and when so directed and he will also go wherever
directed for recording of his voice sample.
14. Considering the nature of the ailment of the Applicant/
Accused and absence of any strong material to show likelihood of
flight risk or tampering with evidence, this court is of the view that
the Applicant/ Accused deserves to be released on interim bail on
medical grounds for a limited period.
15. Therefore, the Applicant/ Accused is granted interim bail
for a period of four weeks from the date of release on furnishing a
personal bond of Rs. 50,000/- along with one surety of the like
amount.
16.
However, it is directed that the Applicant/ Accused shall
join the investigation whenever so directed by the IO and shall also
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cooperate with the IO for providing the voice samples, as per Rules.
17.
It is also directed that during the period of release, the
Applicant/ Accused shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the
facts of the case. The Applicant/ Accused shall not leave the
territory of NCR without the permission of this Court.
18.
It is also directed that the Applicant/ Accused shall
surrender back to custody on the expiry of the interim bail period
unless otherwise extended by this Court on valid medical grounds.
19. In case of violation of any condition, the State is at
liberty to seek cancellation of interim bail of the Applicant/
Accused.
Copy of this order be sent to the Jail Superintendent for
information and compliance. Copy of this order be also given
dasti
to Ld. Counsel for the Applicant/ Accused.
(Dr. Ruchi Aggarwal Asrani)
Special Judge (PC Act)(ACB)-02
Rouse Avenue District Courts
New Delhi/15.10.2025
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