Uttarakhand High Court
CRLA/119/2015 on 20 April, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH
CHAUHAN
AND
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
CRMA SHORT TERM BAIL APPLICATION NO. 2876 OF 2020
IN
CRIMINAL APPEAL No. 119 OF 2015
20TH APRIL, 2021
Between:
Dharmpal Singh Yadav @ D.P. Yadav ...Appellant.
and
State of Uttarakhand ...Respondent
Counsel for the appellant: Mr. S.R.S. Gill, learned
counsel for the
appellant.
Counsel for the respondent :Mr. Sandeep Tandon,
learned counsel for the
CBI.
The Court made the following:
JUDGMENT : (per Hon'ble the Chief Justice Sri Raghvendra Singh Chauhan)
The present short term bail application has been
moved on behalf of the appellant inter alia on the
grounds that the appellant had undergone "spinal de-
compression surgery" on 19.01.2018 (for which he was
released on short term bail by this Court on
14.06.2018). However, according to the Medical
Certificate dated 22.11.2020, issued by the Yashoda
Hospital, the appellant is diagnosed with "a case of
Failed Back Syndrome". "He continues to have the
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symptoms of Failed Back Syndrome and Neurogenic
Bladder (dribbling of urine). He is also a known case of
Hypertension, Coronary Artery Disease-Post PTCA, Old
MI, Dental caries and loss of hearing". The Hospital has
further certified that "in case he is not immediately
examined and treated for his medical ailments, his
ailments can be life threatening".
2. Mr. S.R.S. Gill, the learned counsel for the
appellant, has reiterated the above facts; he has drawn
the attention of this Court to the Medical Certificate
dated 22.11.2020. The learned counsel further informs
this Court that the appellant is seventy-three years' old
man, who is suffering from all the ailments mentioned
hereinabove. Therefore, he firstly needs to be medically
examined by superspeciality hospitals, and if necessary,
secondly be operated upon. Therefore, Mr. S.R.S. Gill,
the learned counsel for the appellant, seeks a short term
bail for three months.
3. However, Mr. Sandeep Tandon, the learned
counsel for the CBI, has vehemently opposed the grant
of short term bail. According to him, at best a short
term bail of two months' period would be enough for the
appellant to be diagnosed, and to be treated for his
ailments.
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4. Hence, without expressing any opinion as to the
merits of the case, this Court grants the interim bail of
two months to the appellant, namely, Dharmpal Singh
Yadav @ D.P. Yadav, S/o Shri Tejpal, R/o R-4/16, Raj
Nagar, Ghaziabad, Uttar Pradesh, provided he submits a
personal bond of Rs. 50,000/-, and two sureties of the
same amount to the satisfaction of the Superintendent of
the concerned Jail. The Superintendent of the concerned
Jail is directed to release him on the day the personal
bond and the bail bonds are furnished by the appellant.
The appellant shall be released for a period of sixty days
from the day of release. He is directed to report back to
the concerned Jail on the completion of the sixtieth day
by 05:00 P.M. He is further directed to observe the
following conditions:
i. The applicant shall maintain peace and
tranquility during the pendency of the appeal.
ii. The applicant shall not directly or indirectly
make any inducement, threat or promise to any
person acquainted with the facts of the case.
_____________________________
RAGHVENDRA SINGH CHAUHAN, C.J.
___________________
ALOK KUMAR VERMA, J.
Dt: 20TH April, 2021
Rathour
