Allahabad High Court
Atul Kumar Singh @ Atul Rai vs State Of U.P. Thru. Addl. Chief Secy. ... on 7 March, 2025
Author: Jaspreet Singh
Bench: Jaspreet Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:14531 Court No. - 8 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13221 of 2024 Applicant :- Atul Kumar Singh @ Atul Rai Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Kaustubh Singh,Amarjeet Singh Rakhra,R.B.S. Rathaur Counsel for Opposite Party :- G.A. Hon'ble Jaspreet Singh,J.
Learned AGA has filed supplementary counter affidavit which is taken on record and counsel for the applicant submits that he does not wish to file any response to the same.
Heard Sri Amarjeet Singh Rakhra Advocate assisted by Sri Dilip Kumar Srivastava, learned counsel for the applicant as well as Sri V.K. Sahi learned AAG assisted by Sri Anurag Verma learned AGA for the State.
This is the fourth bail application filed by the applicant who is arraigned in Case Crime No.0309 of 2021 under Sections 120B, 167, 195-A, 218, 306, 504, and 506 of I.P.C P.S.- Hazratganj District Lucknow.
The third bail application of the applicant was rejected by this Court on 17.05.2024. While rejecting the third bail application which was moved on medical grounds it was observed by this Court that, in case, if the applicant is not provided due treatment and medical attention in order to take care of the applicant, then the applicant shall be entitled to move a fresh application. It is in furtherance thereof, that the instant fourth bail application has been moved.
Submission of learned counsel for the applicant is that despite this Court in its order dated 17.05.2024 had issued a direction to the State to ensure proper and prompt medical attention to the applicant at a multi-specialty hospital which may be available at Lucknow and where the applicant can be treated appropriately coupled with the fact that the applicant was required to be regularly examined by the doctor and he would be taken for medical examination or for any test or check up or any treatment at a higher medical center equipped to handle or treat such ailments which inflicts the applicant but despite the said direction there has been a complete neglect at the behest of the said authorities and the applicant who is suffering from several ailments which have got aggravated, hence, in the aforesaid circumstances, the applicant be enlarged on bail purely on medical grounds.
Learned counsel for the applicant while elaborating his submissions has drawn the attention of the Court to the order dated 17.05.2024 wherein in para-8 medical condition of the applicant was noticed. It is also urged that after the order dated 17.05.2024 was passed the applicant surrendered before the court at Varanasi on 27.05.2024. The Sessions Court on 07.06.2024 directed the jail authorities to ensure the compliance of the order passed by the High Court on 17.05.2024 so that proper medical attention/treatment be given to the applicant.
In the month of July, the Medical Board was constituted to examine the status of health and the Senior Consultant, Central Jail, Varanasi certified that the applicant could not be given medical treatment as permission of the DIG Jail, Varanasi is awaited and the condition of the applicant is poor and in case of emergency, his health condition may not be manageable from inside the jail. It is urged that despite the aforesaid letter which was sent to the DIG Varanasi which in turn was addressed to C.M.O Varanasi no steps were taken. On 12.09.2024 an application was also moved through the counsel informing the Court that the medical treatment was not being made available to the applicant. In pursuance of the said application, the Sessions Judge on 21.09.2024 passed an order noticing the same and it was informed that since the permission from DIG Jail for getting the applicant treated as OPD patient is awaited since 24.06.2024 hence only thereafter the applicant can be taken to the concerned hospital for further treatment. The Sessions Court directed the authorities to coordinate amongst themselves and expedite the process so that appropriate medical treatment can be provided to the applicant.
It is urged that instead of complying with the aforesaid direction and expediting the issue of facilitating medical attention to the applicant, the State Authorities shifted the applicant from Central Jail, Varanasi to Central Jail, Fatehgarh which is a small establishment where the medical facilities are also very meager. Apart from the fact that the said jail is remotely situated which clearly reflects the stand of the State that it could go to any extent to reduce the applicant to a vegetative state instead of complying with the directions of the Court as mentioned in the order dated 17.05.2024. It is urged that the State has indirectly taken a route to thwart the directions of the Court. It is further stated that while the applicant on account of his ill health was in the Fatehgarh Jail and a Medical Board was constituted to examine the applicant after he fell. It is in the aforesaid backdrop where the directions of the Court was providing medical attention and treatment is not being adhered and also the condition has deteriorated hence the applicant senses that he may not survive for long without proper treatment, hence the fourth bail application has been filed before this Court.
It is further urged that at the first instance, when the fourth bail application came to be heard and the State was granted time to file counter affidavit and then several tests were to be done but no proper medical facility/attention was given to the applicant so that the Sessions Court was once again informed of the negligence/deliberate inaction on the part of the State Authorities. The Sessions Court also observed in its order that the applicant had fainted during one of the hearings which was being conducted through video conferencing. It has further been urged that while the fourth bail application was listed before the Court twice but time was taken by the State to bring on record the facts indicating what efforts were made by the State to provide the medical treatment to the applicant.
It was also informed by the State that the applicant was taken to hospital in Kanpur for being examined by an Endocrinologist and Neuro Physician so that necessary tests including MRIs can be done. In furtherance thereof, the applicant was taken to GSVM Medical College, however, in the said hospital there was no Endocrinological Department nor there was any facility for conducting the necessary tests. In so far as the MRI is concerned the date of 05.02.2025 was given i.e. after almost eight days, however, instead of taking the applicant to Kanpur Medical College the applicant was taken to the Neurology Department of KGMU Lucknow where several tests X rays and MRIs were advised.
Later, again the applicant was shown in the Endocrinological Department at KGMU where certain tests were prescribed and in one of the prescriptions, it was clearly flagged that despite tests were advised earlier but that have not been done and till the tests are done there can be no further advise or the disease for which the applicant was to be treated cannot be monitored.
It is urged that the manner in which the applicant is being treated clearly indicates inaction on behalf of the State Authorities and it is an indirect method to keep the applicant in incarceration who has been in jail for a period of five years (two years on account of a different crime number and about three years in relation to the instant case crime number). It is thus urged that in the aforesaid circumstances where the condition of the applicant has deteriorated and without getting the applicant properly medically examined there can be no way to ascertain regarding the stability of the applicant's condition. It is moreso that the ailments which are inflicting the applicant have aggravated and it is for the said reason that the tests are not being done and reports are being submitted before the Court to indicate that the applicant is physically and mentally stable which is a complete skewed report.
An attempt has been made to bring on record certain medical reports which are not relating directly to the disease of the applicant and in absence of proper tests, it cannot be stated that whether the medical condition of the applicant has improved or has deteriorated and by mere looking at the blood report, the observation made by the doctor that the applicant is physically and mentally stable is misleading. The applicant in the aforesaid circumstances is entitled to be granted bail on medical grounds.
Learned AAG has made submissions that the fourth bail application has been moved on medical grounds while the third bail application was also rejected which was moved on medical grounds. The State has given due deference to the order dated 17.05.2024 passed by the Court and all possible efforts have been made to provide appropriate and prompt medical attention to the applicant. In such circumstances, the applicant cannot complain that he has not been given proper medical attention. The order passed by the Court has been scrupulously complied with hence, there being practically no new grounds for the instant bail application the same deserves to be rejected.
Learned AAG has further urged that even though the applicant was transferred from Central Jail Varanasi to Central Jail Fatehgarh, this being in the administrative domain of the State cannot be taken as a ground for the applicant to be enlarged on bail. Moreso, when the applicant despite being aware of the said order of transferring him from Central Jail Varanasi to Central Jail Fatehgarh never challenged the same and therefore it cannot directly be urged as a ground to seek sympathetic consideration from the Court for the purposes of bail.
Learned AAG has also urged that the health of the applicant is being regularly monitored by the Jail doctor and from time to time he is also taken to the appropriate higher medical centers and the reports do not reveal any grave or emergent need of medical condition for which the applicant requires to be enlarged on bail specially when his health is being monitored and has been satisfactory.
It is also submitted that there are no new grounds nor any clear material brought on record by the applicant to indicate that there has been neglect at the behest of the State Authorities or the medical condition of the applicant has deteriorated so that it entitles him to bail. Even otherwise for the reason if the applicant desires to be treated his treatment can be made under judicial custody.
Learned AAG also pointed out that the order passed by this Court dated 17.05.2024 was challenged before the Apex Court and the SLP of the applicant was dismissed. Later, the applicant challenged proceedings/ their cognizance order by filing a petition under Section 482 which also came to be dismissed by means of the order dated 10.12.2024 passed in Criminal Misc. Application No.5495 of 2023. In order to get out of the incarceration, the applicant went on to file a Habeas Corpus petition as well before the Division Bench of this Court wherein writ petition no.235 of 2024 which was dismissed as withdrawn. This is all to indicate that the applicant has been making several attempts to get out of incarceration. Accordingly, the bail application deserves to be rejected.
The Court has heard learned counsel for the parties at length and also perused the material on record. At the very outset, it may be noticed that the instant bail application is being pressed purely on medical grounds. In order to examine the respective conditions of the parties it will be appropriate to notice the background of the instant fourth bail application. This Court while rejecting the third bail application had noticed as under:-
"3. This is the third bail application moved by the applicant, who has been arraigned in Case Crime No.0309/2021, under Sections 120-B, 167, 195-A, 218, 306, 504, 506 IPC, Police Station Hazratganj, District Lucknow.
7. The prelude to the instant bail application can be summarized as under:-
(a) An F.I.R. was registered against the accused-applicant being FIR No.548 of 2019 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. The victim and her friend both were admitted in very serious and critical condition in Ram Manohar Lohia Hospital, New Delhi and later during treatment died on 21.08.2021 and 24.08.2021, respectively.
(b) On 10.11.2020, the victim is said 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 present applicant. The victim and her friend-Satyam Prakash Rai, thereafter, on 16.08.2021 attempted a 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.
(c) The Director General of Police constituted a Two Member Committee consisting of Director General, U.P. Police Recruitment and Promotional Board and Additional Director General, Women and Child Security Organization, Lucknow. The said Committee submitted its report on 27.08.2021. On the basis of said report, a written complaint was given by Sub Inspector Daya Shankar Dwivedi at Police Station Hazratganj, on the the basis of which the present FIR was registered against the accused-applicant and co-accused. It is alleged that Bharat Singh, father of the accused-applicant gave an application on 03.03.2020 to S.S.P. Varanasi requesting him to get the further investigation done under Section 173(8) Cr.P.C. with regard to FIR No.548 of 2019 registered against the accused-applicant by the victim.
(d) The said application was enquired by the then Circle Officer, Bhelupur, Mr. Amresh Kumar Singh, who prepared a report and submitted it which was adverse to the interest of victim of that case. The said report was made available to co-accused-Amitabh Thakur and other persons under Right to Information Act and was made public allegedly to defame the victim/prosecutrix. It is also alleged that the victim and her friend were so much harassed and tortured that they became desperate and perceived that they would not get any justice. They even feared for their lives and under these circumstances, they went to New Delhi and attempted a suicide outside the Supreme Court and later died during the course of treatment.
(e) The applicant has a sizeable criminal history of 25 cases. A coordinate bench of this Court vide order dated 14.03.2023 passed in bail application 1564 of 2023 while rejecting 2nd bail application of the applicant in this case had noticed that the applicant has been acquitted in the rape case lodged by the victim and an appeal is stated to have been filed against this order of acquittal. Similar observation had been made by another coordinate bench of this Court in its order dated 28.08.2023 passed in bail application No.32534 of 2023 while granting bail to the applicant pertaining to the Gangster Act after considering his medical condition. Apart from this it is also an admitted fact that Co-accused -Amitabh Thakur has been granted bail by a coordinate bench of this court vide order dated 14.03.2022 passed in bail application No. 15042 of 2021.
8. In the aforesaid backdrop, while the applicant moved the instant third bail application on medical grounds, which was considered by a Coordinate Bench of this Court while granting interim bail to the applicant. While doing so, it noticed the earlier orders as well as the medical reports which were placed on record. For the sake of convenience, the relevant portion of the order dated 29.04.2024 passed by a Coordinate Bench of this Court is being reproduced as under:-
"5. ... The applicant, who has been in jail in another case since 2019 and it was on 27.07.2019, he was diagnosed as suffering from chronic supportive otitis media with mastoitis 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.
6. It is further submitted that applicant was again referred to the department of neuro surgery for expert opinion for cervical compression and also for chronic pain management on 07.08.2019 and after repeated requests the applicant was brought before the Swaroop Rani Nehru Hospital, Prayagraj for follow up on 09.03.2021 and was diagnosed with large perforation in ear and was referred to AIIMS, New Delhi for further management and treatment by Dr. Siyaram Singh.
7. It is further submitted that on 26.06.2021 the applicant was brought before the orthopedics department, S.R.N. Hospital, Prayagraj and the accused was diagnosed with coccydynia (Tail Bone Pain).
8. It is also submitted that after repeated requests it was under the orders passed by the Court of Special Judge, M.P./M.L.A. Court No.6, 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 got fainted and, thereafter, he was advised complete bed rest.
9. It is further 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.
10. It is further submitted that on 13.07.2023 when the accused was brought for the follow-up regarding memory loss, headache and low back pain, he was also diagnosed with extensive blood pressure and Hemorrhoidial Bleeds and was also advised surgery. On 18.07.2023 on the complaint of chest pain, 2D Echo was advised and on 27.07.2023 when he was examined of complaint of headache, low back pain, tremors of hand, he was advised several tests which includes CECT Abdomen (Thorax + Neck + Brain) for Phaeochromocytoma (? Malignant).
11. It is further submitted that on 03.08.2023 in the report of the test conducted on thorax, it was found that few small soft tissue density nodules in Right lung parenchyma were noticed and he was advised MIBG Scan and DOTATAE PET Scan and was referred to AIIMS, New Delhi on urgent basis.
12. It is vehemently submitted that on 10.08.2023 the Chief Medical Officer, Prayagraj wrote to the Medical Superintendent, Central Jail Naini, Prayagraj that the treatment of the accused-applicant is not available in any Government Hospital in the State and so he was referred to AIIMS, New Delhi. On 21.09.2023 Deputy Medical Superintendent, Banaras Hindu University wrote a letter to the Medical Superintendent, Central Jail Naini, Prayagraj recommending PET Scan, as there is no facility of PET Scan at BHU.
13. It is also submitted that on 26.10.2023 the accused-applicant was diagnosed with hypertensive urgency along with the Parkinson disease and also that the lung parenchyma need to be ruled out and the patient was referred to AIIMS, New Delhi for further urgent workup of hypertensive urgency and to rule out haeochromocytoma/ paraganglioma.
14. It is further submitted that under the orders of this Court dated 23.11.2023 a report was submitted and a Medical Board was constituted by the Director, SGPGIMS, Lucknow and the report of the Board dated 19.12.2023 was placed before this Court and few soft tissue density in right lung was found and was advised to get a PET Scan for evaluation of any possible malignant tumor and it is also stated therein that applicant is suffering from multiple chronic problems.
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30. The applicant in para nos. 36, 37 and 38 of the affidavit enclosed with the bail application has described his medical condition as under:-
"36. That the accused applicant has been diagnosed with having the symptoms of cancer in lungs. It is very sorry state of affairs that a young man of the age of about 40 years carrying bright political carrier in the Indian Politics has developed cancerous disease hence in order to get better treatment for the cancer, the accused applicant requires to be released on bail.
37. That the accused applicant has applied for the bail under the Gangsters Act before the Hon'ble Court in Criminal Misc Bail Application No.32534 of 2023 and during the pendency of the bail application the Hon'ble Court has called for the medical report of the accused applicant wherein the Medical Superintendent, Central Jail, Naini, Prayagraj has submitted through his report dated 09.08.2023 about the medical conditions of the accused applicant which is elaborated as under;
'The applicant was found suffering from 'Ear discharge, vertigo and headache with chronic suppurative otitis media with mastoiditis and was advised for operation".
-As per the report of department of neurology, the applicant is suffering from 'left CSOM with Mastoiditis L.B.P, vertigo and Decreased Vision Left Eye, Cervical Compression'.
-On 29.07.2021 the applicant was sent to Sir Sunderlal Hospital. B.H.U, Varanasi, and the specialist has referred for severe Tail Bone pain and Degenerative changes + Cervical+ Lumbar Vertebra Spine and was referred for Piles/ Haemorrhoids'.
- On 16.09.2021, the applicant was referred for Bleeding PR associated with Lower Abdominal pain'.
-On 18.05.2022, the applicant was advised for 'Therapy Resistant Coccydynia' by higher centre and for sending him to SGPGI, Lucknow and after that, he was referred for 'Neuromedicine', AIIMS, Delhi.
-As per report dated 13.07.2023, applicant was suffering from Headache, Memory loss, low back pain and also having 24 hours urinary VMA.
-By report dated 13.07.2023 it was shown that applicant was suffering from 'Haemorrhoidal Bleed' and 'Coccydynia' and he was referred for surgery.
-On 27.07.2023, it was shown that applicant is having 'tremors of hands and palpitation and phaeochromocytoma'.
-As per report dated 30.06.2023, applicant was having 'phaeochromocytoma/paranganglioma' and he was referred to AIIMS, New Delhi on urgent basis for treatment.
-Similarly on 30.06.2021, the applicant was advised for 'MRI Screening of whole spine' and to avoid prolong sitting / travel with ambulance to hospital.
-By report dated 13.08.2022, it was shown that he was suffering from 'coccydynia with Spondyloarthritis with LBA with PIVD'.
-From 31.08.2022 to 05.09.2022, applicant remained admitted in swaroop rani nehru Hospital, Prayagraj, where he was operated for 'Left Myringoplasty Operation'. It was advised that applicant should not b allowed for travelling because his operation may be failed and 7 should be on complete bed rest. In another report, it was also mentioned that the patient not managed well within conditions. It was also shown that the applicant is suffering from 'Progressive DOV left eye and watering of left eye'."
38. That the applicant is suffering from Coccydynia with Spondyloarthritis with low backache with PIVD (Prolapsed Intervertebral Disc), high BP, high bleeding, Vertigo and Nausea. As per report dated 03.08.2023, the applicant shown suffering from 'phaeochromocytoma / paranganglioma' and he was referred to AIIMS, New Delhi on urget basis for treatment."
31. In his supplementary affidavit dated 02.11.2023 applicant further reiterated his medical condition in detail giving date wise prescriptions, diagnosis and the treatment provided as also the further tests advised by experts in order to evaluate his existing ailments pertaining to life threatening diseases and also to rule out malignancy.
32. The State in its counter affidavit dated 23.11.2023 has replied in para nos. 20, 50, 51 and 52 as under:-
"20. That in reply to the contents of paragraph No. 1 of the affidavit filed in support of the instant bail application, hereinafter referred to as affidavit for the sake of brevity, it is submitted that from a comprehensive reading of the medical reports of the applicant, it is evident that although he has been referred to the AIIMS, New Delhi, for medical treatment, the reports do not indicate any definite opinion regarding urgent and immediate medical emergency.
50. That the contents of paragraph No. 36 of the affidavit insofar as the same pertain to certain medical reports of the applicant brought on record, the same do not call for a specific rebuttal from the answering respondent.
51. That the contents of paragraph No. 37 of the affidavit insofar as the same relate to medical report dated 09.08.2023, the same being a matter of record do not call for a specific rebuttal from the answering respondent.
52. That in reply to the contents of paragraph No. 38 of the affidavit, in submitted that the diseases mentioned in the first four lines of the p under reply, cannot be said to be such serious so as to justify enlargement of the applicant on bail. For the ailments described in first four lines of the para under reply the applicant, is being g adequate medical assistance in the Jail Hospital itself."
*** *** *** "34. This Court vide order dated 23.11.2023 keeping in view the deteriorated medical condition of the applicant had directed Director, SGPGI, Lucknow to submit a report regarding medical condition of the applicant and also whether necessary facility of his treatment is available in SGPGI. The said report was directed to be submitted within three weeks and it was also directed that if applicant's presence before the doctor is advised, the applicant shall be produced before the doctor concerned in judicial custody for the purpose of his proper treatment.
35. In compliance of the aforesaid order State has filed supplementary affidavit dated 20.12.2023 enclosing therewith the letter of Director, SGPGI, Lucknow dated 19.12.2023 along with the report of Medical Board constituted under the orders of this Court.
The relevant part of this Report is reproduced as under:-
"His recent consultation: (dated 13.07.23, 27.7.2023, 26.10.2023 at Sir Sunderlal Hospital, Banaras Hindu University and on 10.07.2023, 18.07.2023 and 30.08.2023 at SRN Hospital Pryagraj) have been for the complaints of headache, memory loss, tremors in hands, palpitations, tinnitus, vertigo and atypical chest pain. His Neurological examination performed at BHU shows normal higher mental functions and normal neuroligical examination except for positive straight leg raising test (SLR, reverse SLR) that can be related to his old problem of degenerative lumbar spine. A cranial CT scan was normal. However, he had high blood pressure recordings documented on more than one occasion. The evaluation for secondary causes of high blood pressure has shown normal renal functions, normal renal Doppler and normal contrast enhanced CT scan (CECT) of abdomen. He was suspected for pheochormocytoma (neuroendocrine tumor that may produce hypertensive emergencies) due to high levels of urinary vanillylmandelic acid (VMA) His CECT thorax did show few soft tissue density in right lung parenchyma. He was advised to get a PET scan for evaluation of any possible malignant tumor.
Medical board is of the opinion that Shri Atul Rai requires further evaluation of secondary causes of hypertension in view of high urinary VMA levels, hypertension and right lung nodules (soft tissue densities). He is suffering from multiple chronic problems for which he has been advised conservative treatment."
This report clearly suggest that apart from suffering from other medical illness the applicant is also suffering from suspected Phaeochromocytoma, a tumor which may produce hypertensive emergencies due to high level of urinary vanillylamndelic (Acid) (VMA) and CECT Thorax and CECT Thorax reveals some soft tissue density in right lung parenchyma and he was advised to get PET Scan for evaluation of any possible malignant tumor. It is categorically observed by the Board that applicant is suffering from multiple chronic problems.
36. On 02.01.2024 supplementary affidavit was filed by the State enclosing therewith the copy of letter dated 30.12.2023 written by Medical Superintendent of Nail Jail to Senior Superintendent of Jail, Central Jail Naini, Prayagraj, in response to a letter written to him by C.M.O., Prayagraj with regard to issuance of a certificate pertaining to the treatment of applicant at AIIMS, New Delhi with regard to the diagnosis of disease Phaeochromocytoma)/paraganglioma (? Malignant) mentioning that a certificate is required to the effect that the applicant may not be treated at any hospital or medical facility in Uttar Pradesh so that necessary permission may be obtained from Director General of Prisons, Uttar Pradesh for the treatment of applicant at AIIMS, New Delhi. In this letter (of date 30.12.2023) complete list of the ailments of the applicant has been given and it is stated that applicant has been treated at SRN Hospital, Prayagraj for complaint of vertigo/nausea/tinnitus/headache/hand and feet jerk/tremor of hand/ memory loss ? Parkinson and that he has been advised complete bed rest and in compliance of order of this Court dated 23.11.2023, it is stated that for sending the applicant to SGPGI, Lucknow for the purpose of PET Scan for evaluation of any malignant tumor Dr. Shivendra Pratap Singh, ENT specialist at Swaroop Rani Nehru/Moti Lal Nehru Medical College, Prayagraj was consulted and his concurrence/fitness was asked by sending a letter and he has informed vide letter dated 30.12.2023 that in pursunace of the medicines given to the applicant for treatment of vertigo, applicant is advised not to travel."
*** *** *** "39. Noticing above reports, this Court on 08.01.2024 after consideration all the previous medical reports of the applicant opined that the PET Scan of the applicant is necessary for evaluation of any possible malignant tumor and directed to get the PET Scan of the applicant done as soon as possible at SGPGI, Lucknow and also to review applicant for other ailments with consequential direction to the Director, SGPGI, Lucknow to submit a comprehensive report in this regard. It was also provided that if applicant is not in a position to travel, in that scenario he shall be evaluated by a team of doctors constituted by C.M.O. Prayagraj and the case was directed to be listed on 18.01.2024."
*** *** *** "48. The kind of ailments with which the applicant is suffering from are really life threatening and needs immediate redressal. Therefore, this Court without going into the merits of the case and only on a limited point that the applicant may get suitable evaluation of his disease including various tests advised by different experts, is inclined to grant interim bail to the applicant on medical grounds."
This Court while rejecting the third bail application in paras 20 to 26 held as under:
"20. Hence, for all the aforesaid reasons, despite the medical condition of the applicant which can be very well treated at Lucknow, the application for bail deserves to be rejected. Moreover, there is no current medical report which indicates that the applicant cannot be treated at Lucknow. There is a speculation that in order to extend his interim bail, the applicant has deliberately prolonged his PET Scan at AIIMS at New Delhi which otherwise could have been done by now and even otherwise it can even be done at Lucknow. Hence, for all the aforesaid reasons, the bail application be dismissed.
21. The Court has considered the rival submissions and also perused the material on record.
22. Apparently from the earlier order dated 29.01.2024 which encapsulates the proceedings held earlier including it notices the medical condition of the applicant. This Court prima-facie finds that there are super specialty hospitals at Lucknow like Sanjay Gandhi Postgraduate Institute of Medical Science, King George's Medical University, Ram Manohar Lohia Hospital where adequate and efficacious medical treatment can be given to the applicant and if the applicant so wishes he can be treated on his own expenses at Medanta Hospital as well as Apollo Hospital which are also in Lucknow, in the private sector.
23. The record further indicates that the Medical Board which was constituted under the orders passed by a Coordinate Court considering the medical condition of the applicant, he was found suffering from multiple chronic problems for which he was advised conservative treatment. There was no material pointed out to this Court that the applicant cannot be treated at Lucknow at any of the hospitals mentioned above.
24. The applicant can be treated and as suggested by the State that they are ready and willing to get the applicant treated at the super specialty hospitals and if required then at private hospitals and even if required the applicant can be taken to the said hospital at regular intervals for his check up and follow up and if required even get him admitted for treatment which can be done under judicial custody.
25. Hence, taking an overall view, this Court finds that a direction can be issued to the State to ensure proper and prompt medical attention is provided to the applicant at the multi-specialty hospitals available in Lucknow where the applicant can be treated appropriately. The applicant shall be examined by a doctor regularly in the jail and whenever it is found that the applicant has to go for his further medical examination or follow up or for any test or check up or for his treatment which is to be done in a super specialty hospitals then the State shall ensure to take the applicant for such treatment and medical examination, even if at all, it is required in AIIMS at New Delhi. In case, the State does not take proper care and attention while the applicant is in judicial custody then the applicant shall be at liberty to move a fresh application.
26. Considering the facts and circumstances as noticed above including the nature of ailment, number of cases against the applicant, the accusations leveled against the applicant, the severity of punishment if the applicant is convicted, hence, this Court is not inclined to extent the interim bail. The applicant is directed to surrender within ten days from today and the bail bonds and sureties submitted by the applicant while being enlarged on interim bail vide order dated 29.01.2024 shall stands discharged and the instant bail application shall stand rejected subject to the aforesaid directions and observations."
In the aforesaid backdrop, if the averments made by the learned counsel for the applicant are examined, it would indicate that the Sessions Court in its order dated 07.06.2024 had directed the State Authorities to ensure the compliance of the order dated 17.05.2024 which is part of Annexure no.21 annexed with the affidavit in support of the instant bail application.
From a perusal of the prescriptions and medical records filed, it would indicate that the applicant is said to be suffering from following ailments:
(i) Chronic Supportive Otitis Media (SCOM) with Mastoiditis,
(ii) Coccydynia (Tail bone pain)/ Spondylitis with Prolapsed intervertebral Disc (PIVD) and
(iii) Parkinsonism with Pheochromocytoma/Paragangloima with Refractory Hypertension (Hypertensive-Urgency).
The record further indicates that a certificate issued by the Senior Consultant, Central Jail, Varanasi dated 24.08.2024 brought on record as Annexure no.20 indicates that from the medical papers produced by the applicant he suffers from the ailments which has been mentioned hereinabove. In the said certificate, it is also reflected that the applicant has Diminution of Vision (DOV) Left Eye.
It also indicates that investigations/follow up and further management could not be done due to want of permission of DIG Jail Varanasi which was still awaited and that the present health condition of the patient is poor and undergoing treatment as advised by the experts. In case for any emergency the case of the applicant can not be managed from inside the jail. Apparently, the learned AAG could not bring any material on record nor could it dispute the fact that despite such a certificate issued by the Senior Consultant of the Central Jail Varanasi dated 24.08.2024 why the permission from the DIG Jail, Varanasi could not be sought for more than five months. It will be relevant to notice that this was sought prior to the month of August, when the said certificate was issued and admittedly it is stated by the applicant in his bail plea that the said certificate has not been issued till date.
It has been brought on record that once the permission was sought in the month of July, 2024 and on account of inaction or lethargy the said permission could not be obtained then what can be expected from the State and moreover it amplifies the indifference of the Authorities. This led the Sessions Court to direct the authorities to coordinate amongst themselves yet no fruitful effort was made nor any cogent reason has been given to this Court why nothing was moved forward and a clear, unequivocal conclusion can be inferred against the State Authorities relating to the negligence.
Learned AAG also could not dispute the fact that whenever the applicant was taken to the higher centers for medical examination and the applicant was advised certain tests but without getting those tests done the applicant was again presented before the medical authorities for re-examination which also reflects the casual manner in dealing with life of a person, even though he may be an under trial prisoner.
Learned AAG could not satisfactorily explain that once the doctors had prescribed certain tests for applicant to ascertain the extent and severity of the disease/ailments of the applicant why the said tests were not done and without getting those tests done by merely getting him examined by the doctors who in their prescriptions also noticed that the applicant has been placed before the said doctor without getting the tests done and for the said reason the doctor had to reiterate their prescriptions. Moreover, the said tests have yet not been done till date.
It will be further relevant to notice that apparently it is not disputed that the applicant suffers from the ailments which have been noticed in the previous paragraphs and this has also been confirmed by the doctors as per their prescriptions. At this stage, in order to consider whether the applicant can be granted bail on medical grounds, it would be necessary to examine as to whether the condition of the applicant has deteriorated or is stable or has improved with the medication. In order to determine this prima facie tests and its reports have to be seen. However, what this Court finds that though tests have been recommended by the doctors of higher centers and super specialty such as the KGMU and AIIMS, New Delhi included by the jail doctors yet for more than six months, the tests have not been done and in absence of any tests and its report there can be no way to state that the condition of the applicant has either improved, deteriorated or is stable.
In this backdrop if the averments which have been made by the applicant including the fact that he had lost weight which is confirmed including the order dated 09.01.2025 which is the order of Sessions Court, noticing that the applicant had fainted during video conferencing including Annexure no.20 i.e. the report of the Senior Consultant all give an indication that all does not appear to be well.
Another aspect that is to be seen is that the applicant who was incarcerated in Central Jail Varanasi which is amongst a more developed city in the State of U.P. and is also connected with other districts including Lucknow by roads, train and air and despite the medical condition of the applicant, he was transferred from Central Jail Varanasi to the Central Jail Fatehgarh which is in District Farukhhabad which compared to Varanasi is a remote district. The nearest Medical College is in Kanpur which is about 140 kms as informed by the AAG himself, however, what this Court notices that on the advise of the jail doctor the applicant was taken for an endocrinological test and examination and Phaeochromocytoma at the Medical College in Kanpur. But the said medical college did not have any endocrinological department nor the specialty to examine or get the test done forPhaeochromocytoma.
In the aforesaid circumstances, prima facie it appears that in order to drape the actions of the State with a cloak of compliance and promptitude, however, looking carefully at the record available, it reflects otherwise and shows complete disregard to not only the order passed by the Court but mere blood reports are not suggestive of any improvement in the medical condition in respect of the ailments suffered by the applicant and merely because the blood reports appear to be prima facie satisfactory cannot be a ground to suggest that the condition of the applicant is stable and satisfactory, especially when no reason or explanation was given as to why the prescribed tests could not be done and in absence of such reports how the State or the doctor can give its opinion on the medical condition of the apparent.
Taking an overall view this Court finds that there has been a complete neglect on behalf of State Authorities for providing medical treatment to the applicant and this Court has no hesitation to state that it appears that sham compliance have been made. The State while filing several responses in the instant fourth bail application could not bring on record a single document to indicate proper medical tests which were done in order to ascertain the severity of disease/ailments of the applicant. In the aforesaid backdrop, if the act of the State Authorities to shift the applicant from Central Jail, Varanasi to Central Jail, Fatehgarh is seen, it also does not reflect well. Accordingly, this Court is of the view that the applicant can be enlarged on bail.Accordingly, the bail application is allowed subject to the following conditions:-
Let the applicant-Atul Kumar Singh @ Atul Rai involved in the above-mentioned case crime be released on bail on his furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the court concerned. At the time of executing required sureties, the following conditions shall be imposed in the interest of justice:-
(i) that the applicant shall every week inform the Court regarding his medical condition duly supported by the proper reports. The applicant who has stated that he has suffered from grave illness, then necessarily his treatment which will be at his own expense and its follow up shall be made available regularly to the court where the trial is pending.
(ii) In case, if the applicant moves out of the district he shall promptly inform the Court as well as the Police Authorities along with the details of his movement, stay treatment and the purpose for his movement. He shall provide mobile number to the court concerned and the State Authorities which shall be available with the applicant at all times which shall indicate the location with GPS location being active at all times.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
vi) The applicant shall deposit his passport with the Investigating Officer / Intelligence Officer of DRI and if he is not possessing any passport he shall file an affidavit before the Investigating Officer mentioning clearly therein that he is not possessing any passport.
(vii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(viii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
In absence of compliance of the aforesaid conditions or if the court concerned or the State Authorities finds that the medical reports do not suggest the severity of the deceased or that the reports are not reflective of his true medical condition or the applicant is delaying his treatment as a device to extend his bail it shall be brought promptly to the notice of the Court and it shall be treated as violation of the bail condition.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 7.3.2025 Harshita