Allowed

Mukesh Mishra v. State NCT of Delhi Na

Delhi HC20 Feb 2024BAIL APPLN./367/2024

Case brief

AI extract

What is this about?

The Delhi High Court granted interim bail to a petitioner suffering from Hansen disease requiring reconstructive surgery. The order, made under Sections 439 and 482 CrPC, imposes conditions for movement and communication, verifying the medical report obtained from the Jail Superintendent.

What did the court decide?

Interim bail granted for four weeks on a Personal Bond of Rs. 20,000/- and Surety Bond of Rs. 20,000/-.

Mukesh Mishra Vs State NCT of Delhi Na — Medical Negligence | Delhi HC (2024)

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$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI

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- BAIL APPLN. 367/2024

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MUKESH MISHRA ..... Petitioner Through: Mr Nayan Maggo, Advocate. versus STATE NCT OF DELHI ..... Respondent Through: Mr Ritesh Kumar Bahri, APP for the State with SI Rahul, PS Seemapuri.

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CORAM:

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HON'BLE MR. JUSTICE VIKAS MAHAJAN

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O R D E R

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% 20.02.2024

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The present petition has been filed under Section 439 CrPC read with Section 482 CrPC seeking interim bail in connection with FIR No.0532/2022 under Section 20 NDPS Act registered at Police Station Seemapuri, on medical grounds.

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Learned counsel for the petitioner submits that the petitioner is a known case of Hansen disease (leprosy) for which he is being treated in the hospital. She further submits that the dermatologist of GTB Hospital where the petitioner was referred, has advised a reconstructive surgery to the petitioner. She submits that the family of the petitioner has already contacted the dermatologists in a private hospital and the doctor will give a date for the surgery only after examining the petitioner and evaluating his condition.

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This Court while issuing notice had requisitioned the medical status report of the petitioner from the Jail Superintendent. The medical status report has been received from the Jail Superintendent, the same is on record.

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/02/2024 at 10:47:21

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A perusal of the said report affirms the position that the petitioner is a patient of Leprosy and he has been advised to undergo a re-constructive surgery.

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In view of the above, the petitioner is granted interim bail for a period of four weeks from the date of his release, subject to his furnishing Personal Bond in the sum of Rs.20,000/- and a Surety Bond of the like amount, subject to the satisfaction of the learned Trial Court/CMM/Duty Magistrate, further subject to the following conditions:-

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(a) Petitioner/applicant shall appear before the learned Trial Court as and when the matter is taken up for hearing.

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(b) Petitioner/applicant shall provide mobile number to the IO concerned which shall be kept in working condition at all times and shall not switch off or change the mobile number without prior intimation to the Investigating Officer concerned. The mobile location be kept on at all times.

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(d) Petitioner/applicant shall not indulge in any criminal activity and shall not communicate with or come in contact with the witnesses.

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The petition stands disposed of.

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Copy of the order be forwarded to the concerned Jail Superintendent for information and necessary compliance.

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Order dasti under signatures of the Court Master.

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Order be uploaded on the website of this Court.

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VIKAS MAHAJAN, J

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/02/2024 at 10:47:21

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FEBRUARY 20, 2024/MK

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/02/2024 at 10:47:21

Mukesh Mishra v. State NCT of Delhi Na

Case brief

What is this about?

What did the court decide?

Mukesh Mishra v. State NCT of Delhi Na

Case brief

What is this about?

What did the court decide?

What the court decided

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