Delhi High Court Grants Interim Bail To Accused In Double Murder Case On Medical Grounds – Rajnish Bantu Vs State Of Delhi

New Delhi, July 24, 2024 — The Delhi High Court has granted interim bail to Rajnish @ Bantu, an accused in a double murder case, on medical grounds for a period of three weeks. The bail was granted by Hon’ble Ms. Justice Swarana Kanta Sharma after considering the applicant’s medical condition and treatment requirements.

Case Background

Rajnish @ Bantu, along with co-accused Naveen and Anthony Baghel, was arrested in connection with the abduction and murder of Amit Hooda and his servant Nikhil Gulati. The case dates back to October 2019, when a missing report was lodged by Jaideep, Amit Hooda’s brother, at Police Station Shahbad Dairy. Two days later, an FIR was registered based on Jaideep’s statement, implicating Naveen, who had borrowed money from Amit Hooda.

During the investigation, the bodies of Amit Hooda and Nikhil Gulati were found with gunshot wounds, leading to the addition of charges under Sections 302, and 404 of the IPC, along with Sections 365 and 27 of the Arms Act. The accused were subsequently arrested, and the investigation revealed that the murders were motivated by a financial dispute.

Medical Grounds for Bail

The petitioner, Rajnish @ Bantu, sought interim bail under Section 439 of the Code of Criminal Procedure, 1973, citing multiple health issues. His counsel, Mr. Arjun Malik, argued that Rajnish requires gall bladder surgery, treatment for haemorrhoids/piles, and suffers from a neurological disease causing immense pain. Additionally, Rajnish is HIV positive, increasing his risk of infections due to unhygienic jail conditions.

Court’s Decision

The Delhi High court presided by Hon. Justice Swarana Kanta Sharma considered the medical status report, which confirmed Rajnish’s conditions, including PLHA (People Living with HIV/AIDS), gall bladder stones, Grade-1 fatty liver, incisional hernia, sleep disturbance, post-traumatic seizure disorder, low back pain, and fissure disease. Noting the need for surgery and other treatments, the court granted interim bail for three weeks, subject to the following conditions:

  1. The accused shall not do anything to prejudice the trial or prosecution witnesses.
  2. The accused shall not travel outside Delhi.
  3. The accused must share his mobile number with the concerned Investigating Officer and keep it operational at all times.
  4. The accused shall surrender before the Superintendent Jail after the expiry of the interim bail.

The court directed Rajnish to furnish a personal bond of Rs. 20,000 with one surety of the same amount, who must be a family member, to the satisfaction of the Duty Magistrate/Link Magistrate/Trial Court.

Conclusion

The order for interim bail reflects the court’s consideration of the medical needs of the accused while ensuring conditions that prevent any interference with the ongoing trial. The case will continue to be closely monitored as Rajnish undergoes necessary medical treatments.