Bombay HC Grants Bail to Man Who Lost 21 Kg in 48 Days in Jail

The Bombay High Court has granted bail to a 59-year-old man arrested in a criminal intimidation and blackmail case, expressing alarm over his rapid health deterioration in custody. The court noted that the man, Radha Mohan Mishra, lost 21 kilograms within 48 days of his arrest in June, a condition it described as "alarming and dangerous to health."

Justice Milind Jadhav observed that Mishra's medical history while in custody was "disturbing," with the accused suffering from episodes of vomiting, dizziness, fainting, dehydration, and fatigue. The court stated that keeping him in custody or a prison hospital could further deteriorate his health "to the point of no return."

Mishra had sought bail on medical grounds, citing serious pre-existing conditions. He had undergone sleeve gastrectomy surgery in 2025, which required him to maintain a strictly prescribed liquid or semi-liquid diet—a regimen he could not follow in jail.

The prosecution opposed the bail plea, arguing that his ailments were not life-threatening and could be managed within the prison system. However, the court rejected this, highlighting the "marked qualitative difference" between treatment in overcrowded jail barracks and hospitals versus care as a free citizen.

While acknowledging that medical bail is often misused, the bench reiterated the principle that "bail is the rule, jail is the exception," especially in cases where the evidence appears straightforward. The court ordered Mishra to furnish a bail bond of Rs 2 lakh.

Mishra was arrested under provisions 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. Prosecutors alleged he and his family had blackmailed and threatened neighbours over a civil dispute.