A single-judge bench of Justice Anup Jairam Bhambhani of the Delhi High Court was formed to hear an application for interim bail by an accused for murder. The accused had sought bail on the ground that he had to attend to his daughter’s medical needs. While bail was granted for 5 weeks, the Court imposed novel conditions. Conditions like Video Calling the Investigating Officer (IO) every day and dropping a pin on Google Maps to verify the location.
Brief Facts of the Case
The applicant is an undertrial in a case arising from FIR No. 214/2016 registered under Sections 302 IPC and Section 25 of Arms Act 1959. He sought bail on medical grounds. The latest nominal role and his medical report dated 06.06.2020 were placed on record. The applicant has been in Judicial Custody since May 2016, as per the nominal roll. The applicant and his daughter, both have eye problems.
Arguments Before the Court
The counsel for the applicant submitted that the applicant has a serious cyst in his left eye. The medical report states that he has been referred to various hospitals. That is for better treatment. It was further submitted that the applicant’s problem requires to be addressed by specialist doctors. It was also submitted that the previous report has confirmed his daughter’s eye problem. And that his daughter’s eye problems need urgent correction. And if not done, it may get worse or may never be remedied. The counsel reiterated that the applicant has been an undertrial prisoner for more than 4 years.
APP Mr. Amit Ahlawat opposed the bail application. He submitted that the applicant’s medical condition is stable. The daughter’s problem is neither urgent nor life-threatening. So no interim bail be granted to the applicant.
Court’s Observations and Decision
On inspecting the facts and circumstances, the Court observed that the daughter of the applicant needs better attention and timely surgery. The Court further observed that with the partial reopening of hospitals for non-urgent treatment and surgery, it would now be possible for the applicant to attend to his daughter’s medical needs. Apart from that, the Court stated that the applicant has been in judicial custody for more than 4 years as an undertrial. He also needs to attend to his own medical problems.
Thus, the Court was persuaded to grant interim bail to the applicant for 5 weeks. The Court imposed the following conditions:
- To furnish a bond of 50,000 with 1 surety.
- Not leave the State of Delhi and ordinarily reside in the place of residence stated in the prison records.
- Make a video-call every Monday between 11 am and 11:30 am to the Investigating Officer. In case the Investigating Officer is not available, then to the SHO of the Police Station.
- The applicant must also ‘drop-a-pin’ on Google Maps, so that the IO/SHO can verify the applicant’s presence and location.
- To furnish to the Investigating Officer/ SHO a cell phone number on which the applicant may be contacted. This number must be kept active and ‘switched on’ at all times.
- To surrender his passport to the Jail Superintendent.
- The applicant shall not contact/visit/threaten the Prosecution Witnesses. He shall not tamper with any evidence and shall not abscond.
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