The Lucknow Bench of the Allahabad High Court while granting interim bail to Ghosi Member of Parliament, Atul Rai observed that however serious the offence may be, the health condition of human beings is paramount. The health concern of a person in custody has to be taken care of by the State and is to be keenly watched and evaluated by the judiciary. Every person has a right to get himself adequately and effectively medically treated even if he is under trial or a convict.
A Single Bench of Justice Mohd Faiz Alam Khan passed this order while hearing a Criminal Misc Bail Application filed by Atul Kumar Singh Alias Atul Rai.
The bail application has been moved by the accused-applicant- Atul Kumar Singh Alias Atul Rai for grant of bail in Case under Sections 120-B, 167, 195-A, 218, 306, 504 and 506 I.P.C Police Station Hazratganj, District Lucknow, during trial.
The first bail application of the applicant was rejected on merits by means of the order dated 07.06.2022 and second bail application was rejected by this Court vide order dated 14.03.2023. The applicant, thereafter appears to have approached the Supreme Court by filing Special Leave to Appeal (Criminal) against the order dated 14.03.2023 whereby his second bail application was rejected. However, the applicant himself got the S.L.P dismissed as withdrawn by means of order dated 13.10.2023.
Counsel for the applicant while drawing the attention of the Court towards his bail application as well supplementary affidavit dated 02.11.2023 submitted that applicant is languishing jail in this case since 29.10.2021, however he was in jail in another case since 2019 and it was on 27.07.2019, he was diagnosed as suffering from chronic suppurative otitis media with mastoiditis at B.H.U Institute of Medical Sciences and surgical procedure was advised and it was also diagnosed that applicant has started having low back pain for which he was referred to neurology department and his treatment was started under the supervision of professor Vijay Nath Mishra.
It is further submitted that after repeated requests it was under the orders passed by the Court of Special Judge, M.P/M.L.A, Varanasi, the applicant was admitted at S.R.N Hospital, Prayagraj and was operated on 31.08.2021 and was discharged on 05.09.2022. However, on 08.09.2022 when he arrived in the Court of A.C.J.M, Varanasi, he fainted and, thereafter, he was advised complete bed rest.
It is also submitted that on 10.07.2023 applicant complained of tinnitus, vertigo, headache and memory loss and was examined again in S.R.N Hospital, Prayagraj and he was advised to keep an attendant for avoiding damp and also that he should be kept in a well-ventilated room.
V.K Shahi, Additional Advocate General assisted by Anurag Khanna AGA, vehemently opposes the prayer of interim bail of the applicant on the ground that sufficient treatment is being provided to the applicant and since he is not in a position to travel and thus grant of interim bail would be futile for him, as he would not be in a position to travel.
Having heard counsel for the parties, it appears in the interest of justice that though the parties have been heard only with regard to the medical condition of the applicant, however the facts of the case are also required to be stated to understand the stand of the parties in right perspective even to adjudicate the plea of interim bail on account of the medical condition of the applicant, the Court observed.
Background facts of the case are to the tune that an F.I.R was registered against the accused-applicant being FIR under Sections 376, 420, 406, 506 I.P.C at Police Station Lanka, District Varanasi on a complaint made by the victim, who later on attempted to commit suicide along with her friend within the precincts of the Supreme Court of India on 16.08.2021. They were admitted in very serious and critical conditions in Ram Manohar Lohia Hospital, New Delhi and later on died on 21.08.2021 and 24.08.2021, respectively.
On 10.11.2020, the victim appears to have given an application to the Senior Superintendent of Police, Varanasi alleging that co-accused- Amitabh Thakur, an Ex IPS officer was manufacturing false documents/evidence against the victim and her friend to favour the applicant. The victim and her friend Satyam Prakash Rai, thereafter, on 16.08.2021 attempted to commit suicide outside the Supreme Court and went live on Facebook making serious allegations against the accused-applicant and co-accused Amitabh Thakur and various other authorities. The Director General of Police constituted a Two Members Committee consisting of Director General, U.P Police Recruitment and Promotional Board and Additional Director General, Women and Child Security Organization, Lucknow.
The Court is of the view that every person lodged in prison, regardless of the fact that he/she is an accused or convict, possesses an inherent right to life and humane treatment. This includes the right to receive adequate medical care commensurate to his health condition, to rule out unnecessary sufferings. Not providing the medical facilities to the prisoners is to deny them fundamental right to life. Incarceration in prison does not deprive prisoners of their fundamental right to life which includes the right to get appropriate health care. Prisoners lodged in jail may face various health issues, both pre-existing and developed during incarceration.
The Court further observed that,
Article 21 of the Constitution of India not only gives a fundamental right to live but the right is extended to live with dignity. Right to live a healthy life is also one of the facets of fundamental rights granted by the Constitution of the Country. The Court firmly believes that a person in custody suffering from serious ailments should be given an opportunity to have adequate and effective medical treatment. The discretion for granting the interim bail on medical grounds may not be exercised only at a stage when the accused has lost all hope or is breathing his last or his condition has deteriorated to such an extent that he may not survive. Rather the medical facility must be provided at a time at which it is needed more, or at an appropriate time.
The kind of ailments with which the applicant is suffering from are really life threatening and needs immediate redressal. Therefore, the Court, without going into the merits of the case and only on a limited point that the applicant may get a suitable evaluation of his disease including various tests advised by different experts, is inclined to grant interim bail to the applicant on medical grounds.
The Court ordered that,
It is clarified that this interim bail has been granted to the applicant only on medical grounds and having regard to the peculiar facts and circumstances of this case and will not be taken as a precedent. Thus, in the facts and circumstances of the case and for the reasons mentioned herein-before, the applicant is admitted to interim bail on medical grounds till 22.03.2024, subject to the following conditions:-
(i) The applicant shall furnish a personal bond of Rs. 2 lacs and two sureties of the like amount to the satisfaction of the Trial Court/Special Court concerned.
(ii) The applicant shall get himself examined/treated at the hospital of his choice within the territory of India and shall not leave India without prior permission of the Court and for this purpose shall deposit his passport with the trial Court/special Court, if the same has not already been deposited, yet.
(iii) The applicant shall not participate in any public rally or public meeting organized for any purpose whatsoever and will not meet co accused of the case.
(iv) The applicant shall not contact any prosecution witness directly, indirectly or through any social media platform and shall not make any effort to threaten or tamper them nor will involve himself in any criminal activity.
(v) The applicant shall not give any interview to the print media or electronic media.
(vi) The applicant shall not misuse the liberty in any manner.
(vii) The applicant shall inform the S.H.O of the Police Station Hazratganj in writing of his mobile phone number, which will remain available with him all the time and he will also remain available on this mobile phone number, all the time.
(viii) The applicant or any person well acquainted with the facts, shall file an affidavit before this Court on 19th March, 2024, enclosing therewith all medical reports of the applicant and results of the tests which have been prescribed including MIBG, DOTATE PET Scan, etc.