$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1482/2025 DEEPAK KUMAR @ DHARMENDER .....Petitioner Through: Mr. Vikram Singh Nayal, Advocate. versus STATE OF GOVT. OF NCT OF DELHI .....Respondent Through: Mr. Mukesh Kumar, APP. SI Sachin Yadav, P.S. Mahendra Park. CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA O R D E R % 01.05.2025 1. The present application under Section 439 of the Code of Criminal Procedure, 19731 seeks grant of interim bail for a period of six weeks in the proceedings arising from FIR No. 390/2023, registered at P.S. Mahendra Park for the offences under Sections 392/397/34 of the Indian Penal Code, 1860.2 The request for interim bail is premised on the Applicant’s need for urgent medical treatment, specifically for surgery on his right knee. 2. The Applicant submits that he has been suffering from a long- standing issue involving a fracture of the right proximal tibia, for which he underwent surgery in 2017, including an implant, which remains in situ. However, during his incarceration, the Applicant developed complications that necessitate ongoing orthopaedic follow-up. His condition has 1 “Cr.P.C.” 2 “IPC” 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 01/07/2025 at 00:03:19 progressively worsened, requiring repeated consultations and reviews. The Applicant submits that the jail authorities have treated him inhumanely by failing to provide essential painkillers, antibiotics, and other necessary medications. 3. It is further contended that although the Jail Authorities have described the Applicant’s condition as “stable,” they have simultaneously noted that the Applicant requires surgical intervention for the removal of the implant. The Applicant argues that his condition necessitates specialized care at a facility such as AIIMS Delhi, the Sports Injury Centre, or another hospital in Delhi, where advanced surgical and post-operative care can be assured. 4. Considering the above, the Court, by order dated 17th April, 2025, had directed the Jail Superintendent to provide a report regarding the Applicant’s medical condition. In compliance with this order, the report has been received, which indicates that the Applicant has been under the care of senior orthopaedics specialists at D.D.U. Hospital since November 2023. The last review, conducted on 11th April 2025, noted that there was no active discharge, and the Applicant was provided with oral medication for 3 weeks. The Applicant’s overall medical condition and vital signs have been reported as stable, and all necessary treatment has been administered to him. 5. Based on the aforementioned report, the Court is of the considered opinion that adequate treatment is indeed being provided to the Applicant. It is also pertinent to note that the Trial Court had previously called for reports from the Jail Superintendent on two separate occasions, both of which confirmed that adequate treatment was being provided to the Applicant. Accordingly, the Court is of the view that the present case does not warrant 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 01/07/2025 at 00:03:19 the grant of interim bail to the Applicant. However, to address any concerns raised by the Applicant, the Jail Superintendent is directed to ensure that the Applicant is taken to the Orthopaedics Department of All India Institute of Medical Sciences, Delhi, for further evaluation and necessary treatment. 6. With the above directions, the present petition is disposed. SANJEEV NARULA, J MAY 1, 2025 as 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 01/07/2025 at 00:03:19