Final Order 3

Order Details: COPY OF ORDER
Pdf Text: Bail Application no. 2094/22
FIR no. 231/22
PS: Special Cell
U/s 307/186/353/34 IPC and 25/27 Arms Act
State Vs. Bhagwan Singh @ Mukesh
12.12.2022
Present: Sh.Ashok Kumar, Ld. Addl. PP for the State.
Sh. C. M. Sangwan, Ld.counsel for the applicant/accused
Bhagwan Singh.
Arguments on the bail application heard.
Record perused.
Detailed report with regard to the medical condition of
the applicant/accused Bhagwan Singh @ Mukesh already received.
Bail application is strongly opposed by Ld. Addl. PP for
the state.
The applicant/accused is seeking interim bail for a period
of 45 days on the medical grounds. It is submitted that in the alleged
fake encounter, the applicant/accused has suffered two grievous bullet
injuries in his left leg and despite the medical treatment provided by
the jail authorities, his condition has not improved. That the
locomotive movement of the applicant/accused is seriously impaired
by the said grievous injury and he is not even able to go for nature's
call and other important daily activities. It is stated that the applicant
is required to be shifted in private hospital to get required treatment.
It is prayed that looking at the medical condition of the
applicant/accused, he may kindly be enlarged on interim bail.
I have carefully perused the detailed report submitted by
the Jail Authorities.
It is reported by Medical Officer, Central Jail no.3, Tihar,
New Delhi that the applicant/accused is currently admitted in Central
Jail Hospital since 11.08.2022 with the diagnosis of open grade III A
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2.
FIR no. 231/22: PS: Special Cell
State Vs. Bhagwan Singh @ Mukesh
Fracture left distal third femur. He was taken to Safdarjung Hospital
on 02.08.2022, 18.08.2022, 01.09.2022 and 02.12.2022 and at present
his condition is stable and the applicant/accused is getting all the
prescribed treatment from jail hospital.
The applicant/accused is seeking interim bail on medical
grounds, but despite the direction of the court, Ld.counsel for the
applicant/accused has fails to disclose the name of the hospital from
which the applicant/accused intend to take treatment. In the absence
of any details of proposed hospital from which the applicant/accused
is intended to take treatment, I am not inclined to release the
applicant/accused on interim bail. Hence, the interim bail application
under Section 439 Cr. PC moved on behalf of applicant/accused
Bhagwan Singh @ Mukesh is dismissed.
Copy of this order be given dasti to Ld.counsel for the
applicant/accused.
(Devender Kumar Jangala)
ASJ-05, New Delhi District
Patiala House Courts, New Delhi
12.12.2022
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