Howsoever Serious Offence May Be, Health Condition Of Human Being Is Paramount: Allahabad HC Grants Interim Bail To BSP MP Atul Rai
The Allahabad High Court granted interim bail to MP Atul Rai in an abetment to suicide case holding that a person in prison, regardless of being a convict or accused, possesses an inherent right to life and humane treatment.
A Single Bench of Justice Mohd. Faiz Alam Khan observed, “The custody during the period of trial cannot be termed to be punitive in nature. 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 an under trial or a convict.”
Advocate Kaustubh Singh represented the applicant, while AAG Arjun Verma appeared for the opposite party.
The Court noted the alleged history of twenty-five criminal cases against the accused, of which he was acquitted of one rape case.
An F.I.R. was registered against the accused under Sections 376, 420, 406, 506 of I.P.C. on a complaint made by the victim who attempted to commit suicide along with her friend within the precincts of the Supreme Court of India.
A Committee's report led to the registration of the present FIR, and it was alleged that the victim and her friend were harassed, leading to their desperate act of attempting suicide.
The Court stated that “it is to be highlighted that the provision of providing necessary medical care to an under trial may not be determined by his/her economic status and irrespective of their financial status, they are entitled to receive basic medical care. No discrimination may be made between prisoners on the basis of their financial status.”
It was stated that the accused was being treated for complaints of vertigo, nausea, tinnitus, headache, hand and foot jerks, tremors, memory loss, and Parkinson's and that he was advised for complete bed rest.
The Court remarked, “The discretion for granting the interim bail on medical ground may not be exercised only at a stage when the accused has lost all the hope or is breathing his last or his condition has been 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.”
In view of the accused suffering from multiple life-threatening ailments such as Phaeochromocytoma, the Court directed the accused to get a PET Scan for evaluation of any malignant tumour.
Accordingly, the Court granted interim bail to the accused on medical grounds on the bond of Rs. 2 lacs.
Cause Title: Atul Kumar Singh Alias Atul Rai v. State Of U.P.