Virendra Pratap @ Bobby vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Virendra Pratap @ Bobby is in judicial custody in Case Crime No. 130 of 2021, under Sections 120-B, 420, 467, 468, 471 I.P.C., Police Station Mukhani, District Nainital.

Heard learned counsel for the parties and perused the record.

The applicant has sought short term bail on the ground of illness.

Learned counsel for the applicant would submit that the applicant is suffering from liver related disease. His liver has badly been damaged and it requires surgical intervention now.

Learned State Counsel under instruction would submit that at present, applicant is being treated as per advice of Dr. Sushila Tiwari Government Hospital, Haldwani and his present condition is stable. He has referred to a note of Medical Officer, Sub-Jail, Haldwani, which, in fact, records as here under:

“This is to inform you that Undertrial Virendra Pratap S/o Balram is being treated at Dr. Sushila Tiwari Government Hospital, Haldwani. The patient was sent to Dr. Sushila Tiwari Government Hospital, Haldwani where he was admitted from 08-02-2023 to 14-02-2023. As per his discharge summary he is suffering from as a known case of systemic Hypertension/Alcohol use disorder/CLD-Ethanol Related/small esophageal Varix (Non-Bleeder)/ GAVE/ Hepatic Encephalopathy Grade III/Moderate Anemia/coagulopathy-Episode of epistaxis/Grade 2 of haemorrhoids.”

Learned counsel for the applicant had referred to a discharge summary of All India Institute of Medical Sciences, Rishikesh dated 20.02.2021 to argue that on multiple occasions, the applicant has been admitted in the hospital, but at times, he could not be admitted due to paucity of beds.

The record reveals that the applicant is, in fact, grossly ill. He requires treatment.

Having considered, this Court is of the view that the applicant may be granted short term bail for a period of two months.

Let the applicant Virendra Pratap @ Bobby be released on short term bail for a period of two months from the date of his release, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned. It is further directed that an expiry of two months, the applicant shall surrender before the court concerned and intimation to this effect shall also be given to this Court.

Short term bail application is allowed.