Chattisgarh High Court
Vijay Kumar Bhatia vs State Of Chhattisgarh on 11 August, 2025
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HIGH COURT OF CHHATTISGARH AT BILASPUR
ORDER RESERVED ON 07.08.2025
ORDER DELIVERED ON 11.08.2025
MCRC No. 5601 of 2025
1 - Vijay Kumar Bhatia S/o Shri Ashok Kumar Bhatia, Aged About 55 Years
R/o 5/6, Nehru Nagar East,bhilai, District - Durg,chhattisgarh - 490020.
(currently Under Judicial Custody At Central Jail, Raipur (C.G.)
... Applicant(s)
versus
1 - State Of Chhattisgarh Through Economic Offences Wing (Eow) / Anti-
Corruption Bureau (Acb), Headquarter, Opposite Jai Jawan Petrol Pump,
To Telebandha, Raipur, Chhattisgarh - 492001.
... Respondent(s)
C A V Order
07/08/2025 Mr. S. Nagamutthu, Sr. Advocate along with Mr.
Mayank Jain, Mr. Harshwardhan Parganiha, Mr. Shreya
Kuashal, Mr. Harshit Sharma, and Ms. Manubha Shankar,
Advocates for the applicant.
Mr.Vivek Sharma, Addl. Advocate General for the
State.
Heard on I.A. No. 01/2025, application for grant of
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interim relief.
The applicant has filed this application seeking grant
of interim relief as he has been arrested in connection with
the FIR No. 04/2024 dat 17.01.2024 registered by the
EOW/ACB Chhattisgarh for the offences under Sections
4202,467,468,471 and 120-B IPC and Sections 7 & 12 of the
Prevention of Corruption Act,1988.
Learned Sr. counsel for the applicant submits that the
applicant was diagnosed with liver cirrhosis and low eGFR
which indicates reduced kidney function, suggestion some
degree of renal impairment.; high asparate amino
transferase (AST) level involving the liver, damaging muscle,
heart or other tissues. The applicant experiences chronic
difficulty with bowel movements and requires medication.
Looking to the seriousness of his medical condition, from
time to time, been administered intravenous Albumin a part
of his ongoing treatment on regular intervals as part of his
ongoing treatment. He has therefore submitted that in view
of the applicant’s critical medical condition and the
requirement of continuous specialized medical intervention,
the jail authorities may be directed to ensure that the
applicant is provided with prompt, adequate and
uninterrupted medical care, with the advice of competent
medical professionals, so as to safeguard his life and health.
Lastly, he submits that since three of the co-accused
persons who are similarly placed and facing identical
allegations, have already been enlarged on bail by the Apex
Court and therefore, the applicant may also be granted the
benefit of bail, there being no distinguishing features in his
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case warranting a different view.
Per contra, learned State counsel submits that the
investigation is still going on and charge sheet has not been
filed and therefore he may not be granted bail. He further
submits that the Investigating Agency has duly provided
requisite medical care and treatment to the applicant as and
when the situation so warranted, promptly by facilitating his
admission and treatment at Ram Krishna Hospital. He
submits that this Court had directed to take the applicant to
AIIMS, Raipur for his examination by the medical experts in
the field pertaining to the ailment from which he is suffering
and he has submitted the report of the Medical Board of All
Indian Institute of Medical Sciences, Raipur CG consisting of
experts/medical specialists in the concerned branch of
medicine relating to the ailment afflicting him and as per the
report, the applicant was taken to AIIMS, Raipur where a
Medical Board comprising of HOD General Medicine, HOD
Culminary Medicine, HOD Endocrinology, HOD Nephrology
and the Medical Superintendent of AIIMS, Raipur evaluated
and examined the applicant a required and has advised for
certain medication to the applicant which has been
administered to him by the jail authorities regularly. Report
has also been given by the AIIMS Raipur that the applicant
can be treated at any government/private Hospital in Raipur.
Learned State counsel submits that in view of the report
submitted by the AIIMS Raipur, wherein it has been
specifically mentioned that the patient’s current condition is
clinically stable. The submission of the learned counsel for
the petitioner that three of the co-accused persons were
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enlarged on bail by the Apex Court and therefore the present
applicant may also be granted similar benefit, to this, it is
submitted that the investigation against them has not been
completed and the charge sheet is yet to be filed.
I have heard learned counsels for the parties and
perused the documents annexed with the record.
On the last date of hearing, learned State counsel was
directed to to take the applicant to AIIMS, Raipur for
examination by the experts of the disease with which he is
stated to have been suffering and to provide treatment
accordingly. It was also directed to the State to constitute a
Medical Board of All India Institute of Medical Sciences
(AIIMS), Raipur CG consisting of experts of the disease
which the applicant is ailing from. The Medical Board, upon
due examination, has diagnosed the applicant with the
following ailments:
“Patient is suffering from morbid obserity. Type 2
Diabeties Mellitus (T2DM), Hypertension (HTN),
Chronic Kidney Disease (CKD), Chronic Liver
Disease (CLD), Distal Symmetric
Polyneuropathy (DSPN) and Non Proliferative
Diabetic Retinopathy (NDPR) with Diabetic
Macular Edema (DME). Patient was found to
have deranged Thyroid Stimulating Hormone
(TSH) and inadequate glycemic control.
Patient’s current condition is clinically stable.
He is advised to follow upon OPD basis.
He has been advised:
1. Weight reduction.
2. Blood sugar control.
3. Dietary advice.
4. Oral medications to continue as advised.
Patient can be treated at any
5Government/private hospital in Raipur.
So far as the interim relief on the above medical
ground is concerned, there is possibility of interrogation by
the investigation agency and the charge sheet has not yet
filed, this Court is not persuaded to grant interim relief to the
applicant at this stage. Accordingly, I.A. No. 01/2025 is
hereby rejected.
The contention of the counsel for the applicant that his
condition is critical and requires constant specialized
medical attention and it has been further contended that the
applicant has to be administered albumin infusions on a
weekly basis and any omission or delay in the said
procedure would inevitably precipitate a serious deterioration
in his health condition and therefore looking to seriousness
of the applicant’s health condition, the applicant shall be
shifted to Ram Krishna Hospital, Raipur in custody to ensure
that he is receiving the requisite treatment and care without
delay. However, in the event, the applicant undergoes
treatment at Ram Krishna Hospital, Raipur as an indoor
patient (admitted), the expenses thereof shall be borne by
him and if the treatment is availed by the applicant at AIIMS,
Raipur, the treatment shall be borne by the State.
It is made clear that in the event the applicant is
admitted to Ram Krishna Hospital, Raipur or AIIMS, Raipur,
visitation shall be strictly restricted to his family members,
who alone shall be permitted to meet him in person within
the hospital premises and to the investigating officer, as and
when required for the purpose of examination in connection
with the investigation.
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In view of the above, let the order of this Court be
communicated forthwith to the concerned Jail authorities, the
Investigating Officer as also the EOW who shall ensure that
the applicant is afforded requisite medical attention promptly.
List this case after six weeks along with the medical
report of the applicant.
Sd/-
(Arvind Kumar Verma)
Judge
suguna
Digitally signed
by JYOTI JHA
Date:
2025.08.11
19:48:24 +0530