Court Rejects Bail Plea Citing Stable Health Condition of Accused's Wife
In a significant ruling, the Madhya Pradesh High Court has dismissed the application for temporary bail filed by Bhupendra Singh Gurjar, who is currently in custody facing serious charges including murder under Section 302 of the Indian Penal Code (IPC). The application was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking a 15-day interim bail on the grounds of his wife's illness.
The bench, presided by Justice Milind Ramesh Phadke, reviewed medical documents submitted by Gurjar, indicating his wife's condition as stable and improving. She was admitted to the hospital due to anemia and bleeding on January 7, 2025, and was expected to be discharged soon.
The court noted that the applicant's wife’s medical condition did not present any emergent or life-threatening circumstances necessitating the presence of Gurjar, especially given the gravity of the charges he faces. The court emphasized that mere illness of a family member, without critical circumstances, does not justify temporary bail in cases involving heinous offences.
This decision comes in light of the applicant's previous unsuccessful attempts to secure bail, marking his third application, albeit for temporary relief. The State, represented by Public Prosecutor Brijesh Kumar Tyagi, opposed the application, underscoring the lack of necessity for the applicant's presence based on the medical assessment.
The court's decision underscores its stance on maintaining stringent bail norms in cases of serious offences, reiterating the principle that bail cannot be granted lightly without compelling reasons, particularly when the accused is charged with grave crimes.
Bottom Line:
Temporary/interim bail cannot be granted merely due to the illness of a family member, especially when the medical condition is stable and improving, and there is no emergent or life-threatening situation requiring the presence of the accused, particularly in cases involving heinous offences.
Statutory provision(s): Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023; Sections 302, 120(B), 149, 148, 147 of IPC; Sections 25, 27 of the Arms Act.
