Chattisgarh High Court
Kapil Tripathi vs State Of Chhattisgarh on 8 May, 2025
Page No.1
2025:CGHC:21282
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 469 of 2025
1 - Kapil Tripathi S/o Jainarayan Tripathi Aged About 40 Years R/o
Shailendra Nagar, Ameri, Police Station Sakri, District Bilaspur C.G.
... Applicant(s)
versus
1 - State Of Chhattisgarh Through- Station House Officer, Police
Station- Sakri, District- Bilaspur (C.G.)
... Respondent(s)
---------------------------------------------------------------------------------------------------
For Applicant : Mr. Anil Pillai, Advocate with Mr. Gendesh
Dadsena, Advocate.
For Respondent/State : Mr. Keshav Gupta, Govt. Advocate.
S.B.:Hon’ble Shri Justice Parth Prateem Sahu
Order On Board
08/05/2025
1. This is fourth bail application filed under Section 483 of the
Bhartiya Nagrik Suraksha Sanhita, 2023 on behalf of the
applicant for grant of regular bail on medical ground stating
that the applicant is complaining some ailment in his neck
and bailey test has not been done by the competent
authority. Applicant is facing trouble in eating and drinking,
no proper treatment has been provided to him by the jail
authorities.
2. First bail application bearing MCRC No.7880 of 2023 was
dismissed vide order dated 2.1.2024. Second bail
Digitally
NISHA signed
by
DUBEY NISHA application bearing MCRC No.5862 of 2024 was
DUBEY
Page No.2
dismissed as withdrawn vide order dated 27.8.2024. Third
application bearing M.Cr.C. No.7490/2024 was also
dismissed as withdrawn vide order dated 29.11.2024.
3. Applicant is in custody in connection with Crime
No.641/2022 registered at Police Station Sakri, District-
Bilaspur (C.G.) for the offence punishable under Sections
302, 201B, 201, 341/34 of the Indian Penal Code, 1860
and Section 25 & 27 of Arms Act.
4. Case of the prosecution, in brief, is that on 14.12.2022
deceased Prannath @ Sanju Tripathi was coming to Bilaspur
from his farm house situated in village Sanwatal in his car
bearing registration number CG10-AZ-2608, when he reached
near mineral barrier at Bypass Road, Sakri, District Bilaspur,
some persons, who were waiting for him in their car, in a pre-
planned manner, fired upon him as a result he sustained
grievous injuries and succumbed thereto on spot. Incident was
reported to the concerned police-station, based upon which
crime was initially registered against unknown persons. During
course of investigation, based on the statement of the witnesses
recorded under Section 161 of CrPC applicant was also
arrested along with other co-accused persons.
5. Learned counsel for applicant would submit that applicant has
been falsely implicated in instant crime. Applicant is suffering
from a disease of the neck and is suspecting the lesion in his
neck which is causing difficulty in eating and also drinking water.
The Jail authorities are not providing proper treatment to him,
therefore, he be released for limited period so that he can took
Page No.3
treatment from some good private hospital. Applicant is in jail
since 18.12.2022, hence, he may be enlarged on regular bail.
6. Learned counsel for the State opposes submissions of learned
counsel for applicant and submits that after receipt of the
complaint from the applicant that he is suffering with some
ailment in his neck, he was referred to Dr. Bhimrao Ambedkar
Hospital, Raipur where the doctors have examined him and
reported that no lesion was seen. Initially the doctors, who
examined him have mentioned that “No pulpable swelling or
lesion noted in neck” and advised for USG guided FNAC test.
FNAC test was conducted on 16.04.2025 and on the said date,
a team of three doctors examined the applicant and in the
prescription it is mentioned that “No lesion noted
sonographically. Hence, image-guided intervention not
possible.” He contended that from the report of the doctors, it
appears that the applicant is not suffering with the nature of
disease as he was complaining and there is no obstacle in his
eating or drinking.
7. I have heard learned counsel for the respective parties and also
perused the documents enclosed along with application as also
covering memo.
8. Perusal of document filed along with reply/objection to bail
application under the head “Request for Cytological
Examination’ would show that the applicant was referred to the
Department of Radiotherapy Regional Cancer Centre Pt.
Jawahar Lal Nehru Medical College & Dr. Bhimrao Ambedkar
Memorial Hospital, Raipur, Chhattisgarh for FNAC test on
Page No.4
16.10.2024. He was examined by the doctor on 4.2.2025. After
examination the doctor noted as under:-
“No pulpable swelling or Lesion noted in neck.
Advice: USG guided FNAC.”
After filing of this application, looking to earlier medical prescription
filed by the counsel for applicant, the Court has directed the doctor
of Dr. Bhimrao Ambedkar Medical College Hospital, Raipur to
appear before this Court virtually. On 2.4.2025, Dr. Vidhi
(Radiologist) and Dr. Manya Thakur of Dr. Bhimrao Ambedkar
Hospital, Raipur appeared virtually before this Court. They stated
that looking to the nature of complaint made and the part of the
body where the lesion is suspected (neck), FNAC is possible only
through the USG guided mode and no other procedure is available
for obtaining sample for sending it for biopsy examination. Patient is
again recommended for USG guided FNAC test which is to be held
on 16.04.2025. They also mentioned that on 06.01.2025, when the
patient appeared before the Radiologist, at the time of USG, it
revealed that the Lymph is not of such size that the USG guided
FNAC can be done and in the second test i.e to be held on
16.04.2025, if the Lymph size increases and if it is possible to obtain
the sample by such mode, it will be done, otherwise, looking to the
nature and size of the Lymph, the medicine can be prescribed.
9. On 16.04.2025, the applicant was again examined by a team of
three doctors mamely Dr. Vidhi, Dr. Pranay and Dr. Vikas Bansal
and they have mentioned in their report as under:-
“No lesion noted sonographically. Hence, image-guided
intervention not possible.”
Page No.5
Dr. Bhimrao Ambedkear Hospital where the applicant was examined
is one of the best hospitals in the State of Chhattisgarh providing
treatment to Cancer patients also, hence, the report dated
16.04.2025 of the team of three doctors cannot be said to be
incorrect. Though the patient is complaining that due to Lymph on
his neck he is facing problem in eating and drinking but in the tests
done twice, the doctors have not found lesion in his neck.
10. In the aforementioned facts of the case and considering two reports
of the doctor dated 6.1.2025 and 16.04.2025, I do not find any good
ground to allow this application for grant of bail to the applicant on
medical ground. Accordingly, bail application is rejected.
11. However, it is observed that whenever applicant makes complaint
that he is suffering with some medical ailment, it is for the jail
authorities to consider the complaint of applicant promptly and to
provide him treatment available in government hospitals.
Sd/-
(Parth Prateem Sahu)
Nisha Judge
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