Delhi HC denies interim bail to differently-abled man accused of carrying 3.5 kg charas

The Delhi High Court has dismissed a plea filed by a physically-challenged man seeking interim bail in a drug possession case on the ground that he is suffering from diabetes and high blood pressure, and there is a risk of contracting coronavirus in prison.

Justice Rajnish Bhatnagar, who conducted the hearing through video-conferencing, perused the health status report of the accused which showed that his condition and vitals are stable. Regular treatment from jail doctors and the RML Hospital was being provided, and he was being given the prescribed medicines.

The differently-abled man, who is facing prosecution for allegedly possessing 3.5 kg charas, sought interim bail for 45 days on the ground that he is suffering from diabetes and high blood pressure, and there is a risk of contracting coronavirus in jail.

The court dismissed the plea saying no ground for interim bail was made out.

It said accused Basudev failed to qualify the three criteria laid down by a high powered committee for releasing a prisoner on bail during the coronavirus pandemic.

As per the high powered committee, the undertrials who are facing trial for offences of rape, gangrape, acid attack, for intermediary/large quantity recovery under the narcotics law, foreign nationals, corruption and terror activities should not be released while de-congesting jails to contain the spread of coronavirus.

“Keeping in view the allegations against the petitioner (Basudev), he is not entitled to grant of interim bail as prayed as in the present case, the petitioner was found carrying 3.5 kg of charas which is a commercial quantity, so as per the resolution dated March 28, he is not entitled to the benefit of this,” the high court said.

The man claimed in the court that he was not being treated for his medical condition in the jail and looking into the present COVID-19 situation, it was dangerous for him to remain in prison as he was suffering from diabetes and hypertension.

The prosecution opposed the bail plea saying the man was arrested when he was carrying 3.5 kg charas and added that he was being treated well for his medical condition by the jail authorities.

The court also noted that the man's health status report showed he was being given proper medical attention and he was also taken to RML Hospital, where his 2D Echo Test was carried out which showed his normal valve functions.