Sarang V. Kotwal, J.:— The Applicant has preferred this application for anticipatory bail on medical grounds. Though there are grounds on merits also urged in application, those grounds cannot be taken into consideration because the applicant had earlier filed an A.B.A. No. 2907 of 2021 which was rejected by the co-ordinate bench of this court (Coram : Nitin W. Sambre, J.) vide order dated 04/12/2021. There is no change in circumstance on the merits of the matter. Therefore, this application cannot be entertained on the merits of the matter.
2. Learned counsel for the applicant seeks leave to amend to delete the grounds on merits. He restricts himself for the relief claimed herein only on the medical grounds. Therefore, I have considered the submissions only with reference to the medical condition of the applicant.
3. The applicant has annexed his medical papers. His condition had deteriorated after the order dated 04/12/2021. The investigating agency wants to verify applicant's claim and they want to decide that, in such situation if the applicant is seriously facing a medical issue, whether his arrest will serve any purpose. To enable the investigating agency to answer this issue, today I am adjourning the application with interim relief to the applicant.
4. Hence, the following order.
(i) Leave to amend is granted to delete the grounds on merits.
(ii) Amendment shall be carried out within a period of two weeks from today with a copy to the other side.
(iii) The investigating agency shall file affidavit in reply based on the medical opinion before the next date with a copy to the other side.
(iv) In the event of his arrest in connection with C.R. No. 717 of 2021 registered with Kashimira Police station, till the next date, the Applicant be released on bail on his executing P.R. bond in the sum of Rs. 30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount.
(v) This order shall operate till 22/02/2022.
(vi) In the meantime, the applicant shall cooperate with the investigation.
(vii) Stand over to 22/02/2022.