In a bail application filed before the Delhi High Court seeking interim bail on medical grounds in a case for offences under Sections 103(1)/238(b) of the Bharatiya Nyaya Sanhita, 2023, and Sections 25/27 of the Arms Act, 1959, a Single Judge Bench of Justice Girish Kathpalia directed the Medical Superintendent, AIIMS to conduct the medical tests of the applicant while noting that the accused must not be deprived of appropriate medical treatment.
The applicant was accused of killing the deceased victim and of burning his body to conceal his identity. The prosecution had CCTV footage against the accused, along with the weapon of offence and the vehicle in which the applicant took the deceased away.
The applicant sought interim bail, contending that he was receiving only conservative treatment in jail, as his CT Brain was scheduled for 22-01-2026 and MRI Brain for 11-05-2026. It was also submitted that the applicant’s condition was deteriorating due to some neurological issue.
The respondents opposed on the grounds that earlier, when he was granted interim bail on medical grounds, his family members tried to encroach upon the property of the complainant, for which the deceased’s wife filed a complaint. It was also submitted that the applicant had concealed an order dated 29-10-2025 of the Sessions Court, by which his application for extension of interim bail on medical grounds was dismissed. Thereafter, the application withdrew the bail application.
The Court stated that even though, in normal circumstances, concealment of a fact should be a ground to throw out the petition, but in the present scenario, the applicant was in jail, and his medical status report reflected some neural issues.
The Court mentioned that the right to health is an integral part of the fundamental right to life and liberty, and that the applicant was only an accused, not a convict. It was said that even the most dreaded criminal and convict had the fundamental right to life and liberty, which cannot be abrogated without following due process of law. It was further stated that, in such cases, the balance of interests must be struck to ensure that the detained accused is not deprived of appropriate medical treatment, and that the respondents also do not suffer.
Thus, the Court directed the Medical Superintendent of AIIMS Hospital to carry out a CT Brain and an MRI Brain of the applicant within a week. It was also directed that the applicant be taken into custody to undergo his tests on the date fixed by the Medical Superintendent, after the required medical treatment in jail or at any hospital attached to the jail.
Appearances:
For Petitioner – Mr. Abhishek Rana, Mr. Vikas
For Respondent – Mr. Sanjeev Sabharwal (APP), Mr. Vikram Panwar, Mr. Vijay
