Medical bail was granted where custody could not support essential treatment, monitoring and a safe environment for a seriously ill accused.

Bail on medical grounds was justified where the accused was a renal transplant patient with multiple serious ailments, recurrent infections, unstable renal parameters, diabetes and other complications requiring constant specialist monitoring. The Court found that a clean, highly sanitised environment and ongoing treatment could not be adequately ensured in custody, and that custodial interrogation was unnecessary. The prosecution's concerns about possible evidence tampering or witness influence were held capable of being met through protective bail conditions. On that humanitarian basis, the petition was allowed and release on bail was directed subject to safeguards including travel restrictions, passport deposit, and non-interference with witnesses or evidence.

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Issues: Whether the petitioner was entitled to bail on medical grounds in view of his critical health condition and the proviso to Section 437 of the Code of Criminal Procedure, 1973.

Analysis: The petitioner had undergone renal transplant and was suffering from multiple serious ailments, including recurrent infections, fluctuating renal parameters, diabetes, and other complications requiring constant monitoring. The medical material indicated that he needed a clean and highly sanitised environment, avoidance of crowding, continuous specialist supervision, and ongoing treatment which could not be adequately ensured in custody. The Court also noted that custodial interrogation was not required and the only concern expressed by the prosecution was the possibility of tampering with evidence or influencing witnesses, which could be addressed through bail conditions. In these circumstances, the petitioner's health fell within the humanitarian basis for release on bail.

Conclusion: The petitioner was entitled to bail on medical and humanitarian grounds.

Final Conclusion: The petition was allowed and the petitioner was directed to be released on bail subject to protective conditions, including restrictions on travel, deposit of passport, and prohibition against influencing witnesses or tampering with evidence.

Ratio Decidendi: Where an accused is shown to be sick or infirm and the medical record establishes that custody is incompatible with necessary treatment and monitoring, bail may be granted on humanitarian grounds subject to appropriate safeguards.

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