Kishore Sharma vs State Of Uttarakhand

Ravindra Maithani, J

Applicant is in judicial custody in connection with Special Sessions Trial No. 21 of 2022, in connection with FIR No. 12 of 2022, under Sections 323, 376D, 363, 366A, 120B IPC and Section 5/6 of the Protection of Children From Sexual Offences Act, 2012, Police Station Jajerdewal, District Pithoragarh. He has sought short term bail on the ground of liver transplant of his father.

Heard learned counsel for the applicant and perused the record.

The applicant proposes to donate his liver. Earlier, the applicant was granted short term bail, which was extended also.

Learned counsel for the applicant would submit that earlier the reports of the applicant were not good for liver transplantation. Therefore, he was given medicines. Today, the appointment was fixed at Institute of Liver & Billary Sciences, New Delhi. But, the applicant cannot go today. He may be granted short term bail so that he may get himself examined for the purpose of liver transplantation. Documents have been filed by the applicant to show that he had undergone the tests.

Having considered, without adverting to the merits of the case, purely on humanitarian ground, this Court is of the view that the applicant may be enlarged on short term bail for a period of six weeks from the date of his release.

Let the applicant be released on short term bail for a period of six weeks from the date of his release, subject to his furnishing a personal bond and two reliable sureties of the like amount, to the satisfaction of the court concerned.

After expiry of the period of short term bail, the applicant shall surrender before the court concerned and an information shall be forwarded to this Court.

The short term bail application is allowed accordingly.