'Alarming': High Court Grants Bail To Man Who Lost 21 kg In 48 Days In Jail

Radha Mohan Mishra, who was arrested in June, had approached the High Court seeking bail on medical grounds.

09 Sep 2026, 13:30 · NDTV

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The Bombay High Court granted bail to Radha Mohan Mishra on medical grounds after his 21 kg weight loss.
Mishra suffered vomiting, dizziness, fainting, dehydration, and fatigue during 48 days in custody.
The court noted bail is the rule and jail the exception, despite concerns about misuse of medical bail.

Can the court grant bail on medical grounds for other prisoners?
Mumbai:

The Bombay High Court has granted bail to a 59-year-old man arrested in a criminal intimidation and blackmail case after taking into consideration that he lost 21 kilograms following his arrest, which it termed "alarming".

Radha Mohan Mishra, who was arrested in June, had approached the HC seeking bail on medical grounds.

A bench of Justice Milind Jadhav on Monday said it had no doubt that Mishra's medical condition was "precarious" and the chronology of his medical history while in custody was quite disturbing even to the mind of a normal prudent person.

Mishra had episodes of vomiting, dizziness, fainting, dehydration and fatigue, HC said.

"Prima facie, it is seen that he lost 21 kilograms of body weight in a span of 48 days of incarceration which by itself is alarming and dangerous to health under normal circumstances let alone the dire medical circumstances within which Applicant finds himself in the present case," the court said.

Directing the accused to remain in custody or even in the prison hospital could further deteriorate his health to the point of no return, HC said.

Justice Jadhav said that the court was conscious of the fact that bail on medical grounds is the most misused ground but "the long standing practice of bail is the rule, jail is the exception ought to be aptly put into practice in such open and shut cases".

Mishra's incarceration, even though for a few months, has significantly affected his overall health and prima facie he requires ample rehabilitation, care, monitoring of his diet, precaution from infections and regular uninterrupted appointments with specialists, the court said.

The man was arrested in June under various offences of the Bharatiya Nyaya Sanhita and the Maharashtra Prevention of Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act.

As per the prosecution, Mishra and his family members had allegedly blackmailed and threatened their neighbour family over a civil dispute.

In his bail plea, Mishra said he was 59 and suffered from several serious medical conditions and that in 2025 he had undergone sleeve gastrectomy surgery wherein 80 per cent of his stomach was removed and he was to then maintain a strictly prescribed liquid or semi-liquid diet.

He further claimed that since his arrest he has been unable to maintain his diet and has lost 21 kg, which was "dangerous" to his health.

The prosecution opposed his bail plea, stressing that his ailments were not life-threatening and that he could be treated in jail itself.

The court, however, refused to accept this and said it was aware of jail conditions and the enormity of congestion there.

"There is a marked qualitative difference in the treatment received as an undertrial prisoner especially in jail barracks and jail hospital and as a citizen under no restraint. I need not say much on this aspect," the judge said.

Giving relief to Mishra, the court ordered him to furnish a bond of Rs 2 lakh.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

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