The present bail application was filed under Section 439 of the Cr.P.C. seeking interim bail for eight weeks on medical grounds by an accused facing prosecution under Section 376 of the IPC and Sections 6/9/10/21 of the POCSO Act in FIR No. 201/2021, PS Maidan Garhi. The allegations involved the rape of a minor victim who subsequently gave birth to a child (with paternity established via DNA), though both the victim and the child unfortunately passed away. The Delhi High Court questioned a suspicious medical status report that appeared to advocate for the accused and pulled up jail authorities for misrepresentation regarding the medical signatories. Upon personal appearance, the Senior Medical Officer confirmed that the accused’s condition was stable, that he was already receiving treatment from government super-speciality hospitals, and that counsel for the applicant could not specify any alternative private hospital or doctor for treatment. Consequently, Justice Girish Kathpalia dismissed the interim bail application while directing jail authorities to ensure continued best possible medical treatment.
- Background of the Case: The applicant sought interim bail on medical grounds while facing serious charges under the POCSO Act and IPC.
- Scrutiny of Medical Status Report: The Court noted that the medical status report dated 06.07.2026 read more like an advocacy document for the accused rather than an objective medical report.
- Discrepancy Concerning Medical Officers: During hearings, it was revealed that Dr. Sahil, who signed the report as the Senior Medical Officer, did not hold that rank, prompting the Court to remark that such practice is unacceptable.
- Stability of Accused’s Health: Upon his appearance, the actual Senior Medical Officer, Dr. Rakesh Kumar, confirmed that the applicant’s medical condition was currently stable with no further seizures or bleeding.
- Access to Super-Speciality Care: The record established that the accused was already being administered proper medical treatment through government super-speciality hospitals.
- Vague Request for Private Treatment: Although counsel for the applicant argued a right to treatment from a doctor of choice, he failed to disclose any specific hospital or doctor when called upon by the Court.
- Final Order and Directives: The interim bail application was dismissed, with a directive to the jail authorities to ensure the continuation of the best possible medical care, and a copy of the order was sent to the Director General (Prisons) for information and necessary action.
2026 DHC 6472
Yogesh @ Monu @ Harvinder v. The State Govt. of NCT of Delhi (D.O.J. 10.08.2026)
