1 2025:CGHC:44804 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5195 of 2025 1 - Dipesh Sahu S/o Late Shri Krishna Kumar Sahu, Aged About 26 Years R/o Village Amodi, P.S. Kharora, District Raipur (C.G.) Present Address- House Of Sunil Shukla, Hanuman Vatika, Bhatagaon, P.S. Purani Basti, District - Raipur, Chhattisgarh ... Applicant versus 1 - State of Chhattisgarh Through Station House Officer, Police Station- Purani Basti, Raipur, District Raipur, Chhattisgarh ... Non-applicant/Respondent (Cause title taken from Case Information System) For Applicant : Mr. Jai Dewangan, Advocate. For State/Non-applicant : Mr. Mayur Khandelwal, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 02-09-2025 1. The applicant has filed this second bail application who is arrested on 15-04- 2024 in connection with Crime No.167/2024 registered at P.S. - Purani Basti, Raipur, District- Raipur (C.G.) for the offence under Sections 376(2)(f), 376(3) of the IPC and Sections 4(2), 5(n) of the Protection of Children from Sexual Offences Act, 2012 (in short ‘the POCSO Act’). 2. The first bail application of the applicant has been dismissed on merits vide order dated 28-11-2024 passed in MCRC No.7513 of 2024. 3. Learned counsel for the applicant would submit that the present second bail application of the applicant is filed on the ground of ailment of the applicant in jail. He would submit that the applicant is suffering from chronic pancreatitis and his Digitally signed by MOHAMMED AADIL KHAN Date: 2025.09.03 19:14:21 +0530 2 condition in the jail is not good. No proper treatment is being provided to him by the jail authorities and hospitals and his condition is regularly deteriorating, therefore, he has filed the present second bail application for release him on bail. 4. On the submission made by learned counsel for the applicant vide order dated 01-08-2025 this Court had directed the State counsel to obtain medical report of the applicant from the medical Board of the concerned jail/district and to produce the same before this Court. 5. Pursuant to the order dated 01-08-2025, learned counsel appearing for the State produced the report dated 14-08-2025 submitted by the Jail Superintendent, Central Jail Raipur including the medical certificate of the applicant issued by the District Medical Board, Raipur dated 12-08-2025. In the medical certificate dated 12- 08-2025 issued b the Medical Board Raipur following was observed:- “We the members of District Medical Board Raipur have examined the prisoner patient Dipesh Sahu S/o Krishan Kumar Sahu, 26 yrs/ Male, along with available medical records provided by the Jail authorities. He was diagnosed as a case of ? Pancreatitis with Gastroenterological symptoms. He is being advised latest investigations and Gastroenterologist, expert opinion [DKS Super Speciality Hospital Raipur / AIIMS Raipur] At present no definite opinion can be given regarding his present illness.” 6. In the medical certificate issued by the Medical Board Raipur, the applicant was advised for latest investigations and Gastroenterologist expert opinion from DKS Super Speciality Hospital Raipur / AIIMS Raipur. 7. Vide order dated 21-08-2025 learned counsel appearing for the State was further directed to obtain detail medical report of the applicant from DKS Super Speciality Hospital Raipur / AIIMS Raipur and pursuant to the order dated 21-08- 2025 learned counsel appearing for the State submitted the medical examination 3 report of the applicant issued by the AIIMS Raipur in which the following observation and opinion have been made by the Medical Board of AIIMS Raipur:- “In compliance to directives from the Hon’ble High Court of Chhattisgarh, Bilaspur to AIIMS Raipur MCRC No. 5195 of 2025 dated 21-08-2025; Medical Board was constituted by Medical Superintendent, AIIMS Raipur. The Medical Board comprised of dr. Dibakar Sahu, Deputy Medical Superintendent, AIIMS Raipur, Dr. Tanmay Vajppai, Assistant Professor, Department of Gastroenterology, AIIMS Raipur and was chaired by Officiating Medical Superintendent of AIIMS Raipur. The Board evaluated and examined the undertrial prisoner Mr. Dipesh Sahu, male and the required investigations were done in this institution viz. Multiple laboratory tests. Opinion of Medical Board:- Patient was evaluated thoroughly and was found to have acute pancreatitis (onset 03 years back) – resolved. DGBI (Disorder of Gut Brain Interaction) Patient is presently in a clinically stable condition and can continue with oral medication with regular follow up on an OPD basis. He has been advised: 1. Tab. Librax (1 BD) 2. Tab Amitriptyline 25 mg (1 HS) 3. Tab Cyra-D 100 (Before Break fast) 4. Cap Panlipase 25000 (TDS) with meals. Patient can be treated at any Government/private hospital in Raipur.” 5. From perusal of the medical report submitted by the Medical Board of AIIMS Raipur, it transpires that the applicant is presently in clinically stable condition and he can continue with oral medication with regular follow up on an OPD basis. This 4 Court does not find any scope to grant bail to the applicant on the ground of his ailment that too when his first bail application has been rejected on merits. Further, it transpires from the medical report that the applicant was suffering from acute pancreatitis since three years back. 6. Learned counsel appearing for the State would submit that as per the medical report of the applicant, his condition is stable and all the medical facilities are provided to him in the jail premises, therefore, he is not entitled for bail on this ground. 7. I have heard learned counsel for the parties and perused the material annexed with the present bail application 6. Considering the rival submissions made by learned counsel for the parties, and having gone through the medical report of the applicant, the Medical Board of AIIMS Raipur has clearly opined that the present condition of the applicant is clinically stable and he can continue with oral medication with regular follow up on an OPD basis, I am not inclined to release the applicant on bail on the ground of his ailment. Accordingly, this second bail application of the applicant is rejected. However, considering the fact that the applicant is in jail since 15-04-2024, the learned trial Court is directed to expedite the trial of the case and conclude the same as early as possible. Sd/- (Ravindra Kumar Agrawal) Judge Aadil