2020 (5) TMI 558 - HC - Indian Laws

Grant of Interim Bail - during pendency of the present bail application, applicant has suffered from number of ailments and presently he is under treatment before Urologist - HELD THAT - The applicant has made out a case for interim bail for eight weeks. Let applicant-Subhash Chandra Aggarwal, who is involved in Case Crime No.347 of 2007, under Sections- 419, 420, 467, 468 and 471 IPC, Police Station- Poorakalandar, District- Faizabad/Ayodhya, be released on interim bail for eight weeks to the satisfaction of the court concerned subject to conditions imposed. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial - applicant shall co-operate in the trial sincerely without seeking any adjournment.

Summary

Issues: Bail application based on medical grounds in a criminal case.

In the judgment delivered by Pankaj Kumar Jaiswal, J., the applicant, Subhash Chandra Aggarwal, was seeking interim bail in a criminal case (Case Crime No. 347 of 2007) involving Sections 419, 420, 467, 468, and 471 of the Indian Penal Code at Police Station Poorakalandar, District Faizabad/Ayodhya. The applicant was in custody since 18.02.2020, facing allegations related to the purchase of sugarcane in violation of government orders. The applicant had previously challenged the criminal proceedings under Section 482 of the Code of Criminal Procedure, 1973, and after subsequent legal actions, he filed the present bail application citing health concerns. The applicant claimed to be suffering from various ailments and had low immunity, expressing fear of contracting the coronavirus. The court directed the Additional Government Advocate to verify the medical certificates provided by the applicant.

After receiving a report confirming the authenticity of the medical certificates, the court, without delving into the merits of the case, granted interim bail to the applicant for eight weeks. The court imposed specific conditions for the bail, including non-tampering with prosecution evidence, cooperation in the trial process, abstaining from criminal activities, and compliance with procedural requirements for the order. Breach of any condition would lead to the cancellation of the interim bail. The judgment highlighted the importance of verifying the authenticity of court orders through the official website of the High Court Allahabad to prevent any potential misuse or fraud.

Overall, the judgment addressed the legal aspects of granting interim bail based on medical grounds in a criminal case, emphasizing the need for stringent conditions to ensure compliance and prevent misuse of the bail. The court balanced the health concerns of the applicant with the requirements of the legal process, safeguarding the integrity of the trial while considering the applicant's health condition.