Undertrials/Convicts Have A Right To Get Adequate Medical Treatment: Allahabad HC Grants Interim Bail To MP Atul Rai On Medical Grounds

Stressing that no matter how serious an offence is, the health condition of a human being is paramount, a bench of Justice Mohd. Faiz Alam Khan directed that Rai be released on bail on a personal bond of Rs. 2 lacs.

“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 under trial or a convict,” the Court remarked.

Further, observing that the right to live a healthy life is also one of the facets of fundamental rights granted by the Constitution of India, the Court opined that a person in custody suffering from serious ailments should be allowed to have adequate and effective medical treatment.

“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,” the Court added.

Rai has got this relief in his interim bail application plea moved in connection with an abetment of suicide case where he is facing charges under Sections 120-B, 167, 195-A, 218, 306, 504 and 506 IPC.

Perusing a supplementary affidavit along with the letter of the Director, SGPGI and report of the Medical Board constituted under the orders of the HC, the Court noted that Rai is suffering from Cancer and suspected Phaeochromocytoma, a tumor which may produce hypertensive emergencies due to a high level of urinary vanillylamndelic (Acid) (VMA).

The Court also noted that the CECT Thorax reveals some soft tissue density in the right lung parenchyma and due to this, he has been advised to get a PET Scan for evaluation of any possible malignant tumour. It is categorically observed by the Board that the applicant is suffering from multiple chronic problems. Top of Form

Significantly, the Court observed that although his ailments have not been disputed by the State, Rai had not been subjected to various tests which were advised in the month of August-September, 2023 to rule out malignancy and also to evaluate other life-threatening diseases.

The Court did not find justification in the explanation given by the state for not providing adequate Medicare to the applicant on the grounds that due to medication taken by the applicant for vertigo, he may not be subjected to travel in an ambulance either to SGPGI, Lucknow or AIIMS, New Delhi.

Against this backdrop, noting that Rai's condition was critical and needed immediate redressal, therefore, he required suitable evaluation of his disease including various tests advised by different experts, and hence, he was eligible to be granted interim bail on medical grounds.

He has been directed not to participate in any public rally or public meeting organized for any purpose whatsoever and will not meet co-accused of this case and file an affidavit before the HC 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.

Appearances

Counsel for Applicant: Malay Prasad assisted by Kaustubh Singh, Saloni Mathur, Tanya Makker and Dileep Kumar Srivastava

Counsel for Opposite Party: AGA VK Shahi assisted by Anurag Verma for the State

Case title - Atul Kumar Singh Alias Atul Rai vs. State Of U.P. Thru. Prin. Secy. Home Lko. 2024 LiveLaw (AB) 60

Case citation: 2024 LiveLaw (AB) 60

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