Court’s Decision
The Delhi High Court, in its order dated 9 June 2025, dismissed an application seeking interim bail on medical grounds in a case involving serious charges under the Indian Penal Code (IPC), the Protection of Children from Sexual Offences (POCSO) Act, and the Immoral Traffic (Prevention) Act (ITP). Justice Girish Kathpalia held that there was “no reason to grant interim bail at this stage” as the Medical Status Report did not reveal any condition that could not be treated at the jail or designated hospitals.
Facts
The applicant was accused in FIR No. 448/2021 registered at PS Sangam Vihar for offences under Sections 363, 376, 109, 370, 328, 323, 506, 509 of the IPC read with Sections 6 and 17 of the POCSO Act and Sections 3 and 4 of the ITP Act. The application for interim bail was moved on the ground of the applicant’s ongoing medical condition, specifically abnormal uterine bleeding.
The petitioner was already undergoing treatment inside the jail, where she was being monitored by medical officers at Central Jail No. 6, Tihar, as well as being referred to government hospitals for specialized treatment.
Issues
- Whether the petitioner’s medical condition warranted interim bail.
- Whether the ongoing treatment within jail premises and hospitals was adequate for the ailment.
- Whether previous dismissal of similar bail pleas had bearing on the current application.
Petitioner’s Arguments
The petitioner’s counsel submitted that the application was based solely on medical grounds and pressed that despite earlier dismissals of bail, the present plea be considered independently on the existing medical record. While not disputing the previous rejections of similar applications, the petitioner argued that abnormal uterine bleeding required urgent and appropriate medical attention, justifying interim bail.
Respondent’s Arguments
The Additional Public Prosecutor strongly opposed the application, stating that the trial was at a crucial stage and that there was a reasonable apprehension that, if released, the accused could influence the prosecutrix. It was further submitted that earlier applications for bail on similar grounds had either been dismissed or withdrawn. The prosecution relied on the latest Medical Status Report and a prior coordinate bench order dated 25 June 2024 in Bail Application No. 1964/2024, which had already denied bail on similar facts.
Analysis of the Law
The Court confined itself strictly to the medical basis of the plea since that was the only ground urged. It emphasized that interim bail on medical grounds can be considered only when the medical condition of the accused is of such a nature that adequate treatment is not available within the jail hospital or designated government facilities.
Precedent Analysis
The Court took note of the prior coordinate bench decision dated 25 June 2024 in Bail Application No. 1964/2024 where bail was denied to the same applicant on similar medical grounds. That order, shown by the prosecution, carried weight since there had been no substantial change in the medical condition since the previous denial.
Court’s Reasoning
The Court extensively referred to the Medical Status Report dated 3 June 2025 from Central Jail No. 6, Tihar, which noted that the petitioner’s vitals were stable and she was under regular specialist care both in the jail dispensary and at Deen Dayal Upadhyaya Hospital. It also highlighted that she was recently taken to Safdarjung Hospital for further investigation, including an ultrasound and blood tests, and was being reviewed based on those results. Critically, the Court noted that “there is not even a whiff in the Medical Status Report that the ailment suffered by the accused/applicant cannot be treated in the above named hospitals.”
Conclusion
Given that adequate medical care was being provided and that there was no indication that the treatment required could not be given within the present setup, the Court found no justifiable reason to grant interim bail. The application was accordingly dismissed.
Implications
The ruling underscores the principle that interim bail on medical grounds requires a clear demonstration that the medical condition cannot be managed through available jail or government hospital infrastructure. It also reinforces the importance of not interrupting ongoing criminal trials, especially in serious offences involving POCSO and trafficking allegations, unless absolutely necessitated by exceptional circumstances.
