Page No.1 2025:CGHC:21282 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M CRC No. 469 of 2025 1 - Kapil Tripathi S/o Jainarayan Tripathi Aged About 40 Years R/o Shailendra Nagar, Ameri, Police Station Sakri, District Bilaspur C.G. ... Applicant(s) versus 1 - State Of Chhattisgarh Through- Station House Officer, Police Station- Sakri, District- Bilaspur (C.G.) ... Respondent(s) --------------------------------------------------------------------------------------------------- For Applicant : Mr. Anil Pillai, Advocate with Mr. Gendesh Dadsena, Advocate. For Respondent/State : Mr. Keshav Gupta, Govt. Advocate. S.B.:Hon'ble Shri Justice Parth Prateem Sahu Order On Board 08/05/2025 1. This is fourth bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 on behalf of the applicant for grant of regular bail on medical ground stating that the applicant is complaining some ailment in his neck and bailey test has not been done by the competent authority. Applicant is facing trouble in eating and drinking, no proper treatment has been provided to him by the jail authorities. 2. First bail application bearing MCRC No.7880 of 2023 was dismissed vide order dated 2.1.2024. Second bail application bearing MCRC No.5862 of 2024 was NISHA DUBEY Digitally signed by NISHA DUBEY Page No.2 dismissed as withdrawn vide order dated 27.8.2024. Third application bearing M.Cr.C. No.7490/2024 was also dismissed as withdrawn vide order dated 29.11.2024. 3. Applicant is in custody in connection with Crime No.641/2022 registered at Police Station Sakri, District- Bilaspur (C.G.) for the offence punishable under Sections 302, 201B, 201, 341/34 of the Indian Penal Code, 1860 and Section 25 & 27 of Arms Act. 4. Case of the prosecution, in brief, is that on 14.12.2022 deceased Prannath @ Sanju Tripathi was coming to Bilaspur from his farm house situated in village Sanwatal in his car bearing registration number CG10-AZ-2608, when he reached near mineral barrier at Bypass Road, Sakri, District Bilaspur, some persons, who were waiting for him in their car, in a pre- planned manner, fired upon him as a result he sustained grievous injuries and succumbed thereto on spot. Incident was reported to the concerned police-station, based upon which crime was initially registered against unknown persons. During course of investigation, based on the statement of the witnesses recorded under Section 161 of CrPC applicant was also arrested along with other co-accused persons. 5. Learned counsel for applicant would submit that applicant has been falsely implicated in instant crime. Applicant is suffering from a disease of the neck and is suspecting the lesion in his neck which is causing difficulty in eating and also drinking water. The Jail authorities are not providing proper treatment to him, therefore, he be released for limited period so that he can took Page No.3 treatment from some good private hospital. Applicant is in jail since 18.12.2022, hence, he may be enlarged on regular bail. 6. Learned counsel for the State opposes submissions of learned counsel for applicant and submits that after receipt of the complaint from the applicant that he is suffering with some ailment in his neck, he was referred to Dr. Bhimrao Ambedkar Hospital, Raipur where the doctors have examined him and reported that no lesion was seen. Initially the doctors, who examined him have mentioned that “No pulpable swelling or lesion noted in neck” and advised for USG guided FNAC test. FNAC test was conducted on 16.04.2025 and on the said date, a team of three doctors examined the applicant and in the prescription it is mentioned that “No lesion noted sonographically. Hence, image-guided intervention not possible.” He contended that from the report of the doctors, it appears that the applicant is not suffering with the nature of disease as he was complaining and there is no obstacle in his eating or drinking. 7. I have heard learned counsel for the respective parties and also perused the documents enclosed along with application as also covering memo. 8. Perusal of document filed along with reply/objection to bail application under the head “Request for Cytological Examination’ would show that the applicant was referred to the Department of Radiotherapy Regional Cancer Centre Pt. Jawahar Lal Nehru Medical College & Dr. Bhimrao Ambedkar Memorial Hospital, Raipur, Chhattisgarh for FNAC test on Page No.4 16.10.2024. He was examined by the doctor on 4.2.2025. After examination the doctor noted as under:- “No pulpable swelling or Lesion noted in neck. Advice: USG guided FNAC.” After filing of this application, looking to earlier medical prescription filed by the counsel for applicant, the Court has directed the doctor of Dr. Bhimrao Ambedkar Medical College Hospital, Raipur to appear before this Court virtually. On 2.4.2025, Dr. Vidhi (Radiologist) and Dr. Manya Thakur of Dr. Bhimrao Ambedkar Hospital, Raipur appeared virtually before this Court. They stated that looking to the nature of complaint made and the part of the body where the lesion is suspected (neck), FNAC is possible only through the USG guided mode and no other procedure is available for obtaining sample for sending it for biopsy examination. Patient is again recommended for USG guided FNAC test which is to be held on 16.04.2025. They also mentioned that on 06.01.2025, when the patient appeared before the Radiologist, at the time of USG, it revealed that the Lymph is not of such size that the USG guided FNAC can be done and in the second test i.e to be held on 16.04.2025, if the Lymph size increases and if it is possible to obtain the sample by such mode, it will be done, otherwise, looking to the nature and size of the Lymph, the medicine can be prescribed. 9. On 16.04.2025, the applicant was again examined by a team of three doctors mamely Dr. Vidhi, Dr. Pranay and Dr. Vikas Bansal and they have mentioned in their report as under:- “No lesion noted sonographically. Hence, image-guided intervention not possible.” Page No.5 Dr. Bhimrao Ambedkear Hospital where the applicant was examined is one of the best hospitals in the State of Chhattisgarh providing treatment to Cancer patients also, hence, the report dated 16.04.2025 of the team of three doctors cannot be said to be incorrect. Though the patient is complaining that due to Lymph on his neck he is facing problem in eating and drinking but in the tests done twice, the doctors have not found lesion in his neck. 10.In the aforementioned facts of the case and considering two reports of the doctor dated 6.1.2025 and 16.04.2025, I do not find any good ground to allow this application for grant of bail to the applicant on medical ground. Accordingly, bail application is rejected. 11.However, it is observed that whenever applicant makes complaint that he is suffering with some medical ailment, it is for the jail authorities to consider the complaint of applicant promptly and to provide him treatment available in government hospitals. Sd/- (Parth Prateem Sahu) Nisha Judge