Interim Order 36

Order Details: COPY OF ORDER
Pdf Text: FIR No. 414/2024 State vs. Amit @ Poli & Ors.
IN THE COURT OF MS. BABITA PUNIYA,
ADDITIONAL SESSIONS JUDGE-03, EAST DISTRICT,
KARKARDOOMA COURTS, DELHI
SC No. 01/2025
FIR No. 414/2024
State vs. Amit @ Poli & Ors.
PS Kalyanpuri
U/s 103(1)/238(a)/249(a)/61(2)/3(5) BNS
& Sec. 25/27 Arms Act, 1959
26.09.2026 at 05:00 P.M.
Present: None.
ORDER:
1. The application of the applicant/accused Rohit @ Apple
s/o Sh. Vijender Singh, dated 10.09.2026, seeking interim bail
for one month on medical grounds, is listed for consideration.
2. The applicant has been in JC since 24.11.2024. His earlier
interim bail on medical grounds, granted on 25.07.2026, was not
extended by order dated 01.09.2026, and he surrendered on
02.09.2026.
3. The Court has perused the report of the Jail Superintendent
dated 16.09.2026, the medical status reports of the SMO (Senior
Medical Officer), Central Jail No. 5 Dispensary, dated
17.09.2026 and 19.09.2026 along with the medical record (13
pages), and the reply of the IO dated 18.09.2026.
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4. The applicant, on being asked by the Court, stated that he
is willing to undergo the operation and treatment advised by the
doctors.
5. On a perusal of the medical record filed by the jail itself,
the Court finds several inconsistencies which it is unable to
reconcile, and which have a direct bearing on the present
application:
(a). Presence of foreign body. An X-ray at DDU (Deen Dayal
Upadhyay) Hospital on 07.09.2026 at about 5:30 AM records a
suspected metallic nail in the sigmoid colon. However, a repeat
X-ray at DDU Hospital the same day at 11:30 PM records "no
foreign body", with stool and flatus passed. An X-ray (No.
80035) was also taken at GIPMER (Govind Ballabh Pant
Institute of Postgraduate Medical Education and Research) on
07.09.2026, but its report is not on record.
(b). Basis of the SMO's statement. Notwithstanding the above,
the SMO's reports dated 17.09.2026 and 19.09.2026 state that
there is a metallic foreign body in the applicant's sigmoid colon.
No imaging after 07.09.2026 has been placed on record, and the
basis of this statement is not disclosed.
(c). Advice of operation. The DDU Hospital note dated
14.09.2026 records that the applicant was advised admission and
operation for removal of a foreign body from the intestine, which
he declined. No fresh X-ray or scan is recorded on that date, and
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the note refers only to an "alleged history" of ingestion. It is
unclear on what material the operation was advised, and whether
it was intended for removal of a foreign body or for the non-
healing surgical wound.
(d). Non-conduct of CECT. A CECT (Contrast-Enhanced
Computed Tomography) of the whole abdomen was advised by
DDU Hospital and Safdarjung Hospital on 06.09.2026 and
07.09.2026, and urgently by the Department of Gastroenterology,
GIPMER, on 07.09.2026. GIPMER stated that endoscopic
removal would be undertaken after the CT (Computed
Tomography) report. On 14.09.2026, GIPMER again sought the
CT report. No CT has been conducted, and no reason is stated.
(e). Condition of the wound. The DDU Hospital OPD card
dated 31.08.2026, while the applicant was on interim bail,
records a 1×1 cm wound dehiscence with no active discharge,
and the wound as healthy. After his surrender on 02.09.2026, the
record shows repeated discharge from the wound, requiring
emergency referrals on 06.09.2026, 07.09.2026 and 14.09.2026.
(f). Clinical condition. The SMO's report dated 17.09.2026
records distension of the abdomen, whereas the report dated
19.09.2026 records a soft abdomen without distension. The
change is not explained.
(g). History of ingestion. The GIPMER note records that the
applicant denies fresh ingestion of a foreign body. The records
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also refer to an earlier "partial removal" of foreign bodies, and
state that the operation notes and discharge papers of the surgery
dated 20.07.2026 were not available. Whether any foreign body
was left behind after the earlier procedures is not clear.
(h). Dates. The SMO's report dates the refusal of operation to
13.09.2026, whereas the DDU Hospital note and the LAMA
(Left Against Medical Advice) consent are dated 14.09.2026.
6. The applicant has been referred to four hospitals within
about one week, namely DDU Hospital, Safdarjung Hospital,
LNJP (Lok Nayak Jai Prakash Narayan) Hospital and GIPMER,
each referring him onward without a definitive decision on his
treatment. In these circumstances, the Court is not in a position to
assess the applicant's present medical condition, or the adequacy
of the treatment being provided in custody, without clarification
from the authorities concerned.
7. Accordingly, the following clarifications are called for, by
way of a report supported by relevant records:
A. The Jail Superintendent, Central Jail No. 5, and the SMO,
CJ-05 Dispensary, shall clarify:
(i). the basis on which the reports dated 17.09.2026 and
19.09.2026 state that a metallic foreign body is present in the
applicant's sigmoid colon, and whether any X-ray or scan was
conducted after 07.09.2026, with copies;
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(ii). why the CECT of the whole abdomen, advised repeatedly
since 06.09.2026 and urgently by GIPMER on 07.09.2026, has
not been conducted, and the date on which it has been scheduled;
(iii). whether the wound dressings and surgical follow-up
advised by DDU Hospital on 07.09.2026 (Monday, Wednesday
and Friday) have been carried out, with the dressing and referral
register;
(iv). the reason for the difference in the applicant's clinical
condition recorded on 17.09.2026 and 19.09.2026;
(v). the correct date of the refusal of operation (13.09.2026 or
14.09.2026);
(vi). the circumstances in which the applicant came to ingest
foreign bodies while in custody, any inquiry conducted, and the
measures taken for his safety.
B. The Medical Superintendent, DDU Hospital, shall clarify:
(i). whether the X-ray taken on 07.09.2026 at 11:30 PM
showed no foreign body, with the X-ray films and report of both
X-rays taken on 07.09.2026;
(ii). on what material, including any imaging, admission and
operation were advised on 14.09.2026, and whether the operation
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was intended for removal of a foreign body or for management
of the surgical wound;
(iii). the applicant's records for his admissions in May 2026 and
July 2026 (CR (Central Registration) No. 20260376027 and
connected numbers), including operation notes, discharge
summaries, endoscopy reports and pre-operative imaging, and
whether more than one foreign body was seen or removed on
those occasions.
C. The Head, Department of Gastroenterology, GIPMER,
shall furnish:
(i). the report of X-ray No. 80035 dated 07.09.2026;
(ii). an opinion on whether endoscopic removal is required and
feasible, and the steps needed before it, including the CECT.
D. The SHO, PS Hari Nagar, shall file an Action Taken
Report on the PCR call dated 30.04.2026 made by the applicant's
mother, alleging assault and forced ingestion of iron objects by
other inmates, and on any MLC registered in respect of the
applicant, including the MLC at LNJP Hospital dated 07.09.2026
(Unique Health Identification No. 20260523623).
8. In the meantime, considering the applicant's consent
recorded above and the repeated medical advice, the Jail
Superintendent shall ensure that the applicant is taken to the
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Department of Gastroenterology, GIPMER, within two days of
this order for a CECT of the whole abdomen, and that he
receives such further treatment as the treating specialists advise,
as per rules. The Jail Superintendent shall also ensure the
applicant's medical care and safety in custody.
9. The clarifications and reports called for above shall be
filed within five days, and in any case before the next date.
10. The application for interim bail is kept pending, to be
considered on receipt of the clarifications and reports.
11. Copies of this order shall be sent to the Jail
Superintendent, Central Jail No. 5, Tihar; the SMO, CJ-05
Dispensary; the Medical Superintendent, DDU Hospital; the
Head, Department of Gastroenterology, GIPMER; the SHO, PS
Hari Nagar; and the IO/SHO, PS Kalyanpuri, for information and
compliance.
12. Order dasti to Ld. Counsel for the applicant.
13. List for clarifications, reports and further consideration on
03.10.2026.
BABITA PUNIYA
ASJ - 03, East District,
Karkardooma Courts, Delhi: 26.09.2026
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