Due to his kidney being 85 percent damaged, the Allahabad High Court has granted conditional bail to the accused of culpable homicide and assault in a case registered in Karchhana Prayagraj.
A Single Bench of Justice Sadhna Rani (Thakur) passed this order while hearing a Criminal Bail Application filed by Krishna Bahadur @ Kishan.
The accused- applicant is involved in Case under Sections 304, 326, 323, 504, 506, 427 I.P.C, Police Station Karchhana, District- Prayagraj.
It is argued by the counsel for the applicant that in compliance with the order dated 12.4.2024, a report has been received by A.G.A which has been placed before the court. According to this report, the condition of the kidneys of the applicant is found to be serious. The applicant is being treated at the jail hospital as per the advice of the doctors of SGPGI, Lucknow where his S creatinine- 9 was found to be 7.62mg/dl.
As per the argument of the counsel for the applicant 85 % of kidneys of the applicant are damaged.
In support of this version, the attention of the court is drawn towards the supplementary report dated 30.11.2023 wherein left kidney GFR of the applicant is found to be 11 ml/ min and in right kidney GFR is found to be 9 ml/ min. Lower limit of normal GFR at the age of the applicant is mentioned 88 ml/ min.
It is argued that the condition of the applicant is quite serious. He would hardly survive for the next 20-25 days, hence, the prayer is made accordingly.
A.G.A however opposed the prayer but placed the report received from Jail Superintendent Naini Prayagraj whereby the condition of the kidneys of the applicant was found to be serious.
“From the perusal of the record, it is found that the general role of assaulting injured persons is assigned to the applicant and all the co-accused persons. In this incident Thakur Prasad, the father of the first informant, Shivbabu and Atul are said to be injured. Later on Thakur Prasad is reported to have died. The bail application of Chhakkan was rejected by the court earlier. The bail application of the applicant is being pressed only on the ground of illness of the applicant with the prayer that 85% of both kidneys of the applicant are damaged. His life expectancy is very short. The report of the Jail Superintendent, Central Jail Naini, Prayagraj dated 17.4.2024 has been placed before the court whereby the treatment of kidneys of the applicant is being done in the prison concerned as per the advice of doctor of SGPGI Lucknow. The condition of the kidneys of the applicant is found to be serious. In the blood report S Creatinine- 9 was found to be 7.62mg/dl.
Perusing the record, considering the facts and circumstances of the case, the nature of allegations, arguments advanced by the counsel for the parties, seeing the serious condition of the applicant and without expressing any opinion on the merit of the case, I find it to be a fit case of bail”, the Court observed while allowing the bail application.
The Court ordered that,
Let the applicant Krishna Bahadur @ Kishan who is involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the dates fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the trial court shall be at liberty to cancel the bail and send the applicant to the prison.