Today, a bench of three Judges of the Supreme Court has set aside the Order passed by the Allahabad High Court at Lucknow granting Interim Bail to Gayatri Prajapati.
Supreme Court found that the Allahabad High Court at Lucknow failed to consider the medical report of Gayatri Prajapati.
Brief Facts of State of U.P. vs Gayatri Prajapati are:
An FIR was lodged against the former Cabinet Minister of U.P. Mr. Gayatri Prajapati. The FIR has been lodged under Sections 376(D)/376/511/ 504/506 of I.P.C. read with Sections 3/4 of POCSO Act.
The FIR was registered in pursuance to the Order dated 17.02.2017 of the Supreme Court. Thereafter Gayatri Prajapati got bail from the court of Additional District and Sessions Judge, Lucknow.
But before he could be released the Bail was cancelled by the Allahabad High Court at Lucknow. Another Bail application as filed, which was also rejected by the Allahabad High Court.
Gayatri Prajapati moved another bail application seeking interim bail on medical grounds for a period of six months. He remained admitted in K.G.M.U. from 03.05.2019 to 17.01.2020 when he was discharged.
The Allahabad High Court at Lucknow allowed the subsequent Bail Application fo Interim Bai.
The State of U.P. aggrieved by the Order moved before the Supreme Court.
What was Pleaded in Supreme Court?
State Government submitted that Gayatri Prajapati was given due treatment in the K.G.M.U. as well as in the super-speciality hospital (S.G.P.G.I.M.S.). The Allahabad High Court at Lucknow failed to consider the report of medical board.
Dr. Rajeev Dhawan Appearing on behalf of Gayatri Prajapati, opposed the appeal filed by the State. He submitted that when a person is ill and he is under prison, he requires a humane treatment. Gayatri Prajapati was being moved from one hospital to another hospital, which was not by his own choice.
No Relief Granted by Supreme Court:
Supreme Court referred to the affidavit of the State which clearly stated that S.G.P.G.I.M.S., Lucknow offers unmatchable and unsurpassable medical expertise in numerous field and patients from far off places come to S.G.P.G.I.M.S., Lucknow for availing specialised medical treatment.
Court said that though the order of the Allahabad High Court at Lucknow runs in 23 pages but the reasoning is given in para 27 only. But the Allahabad High Court has not considered the report of the medical board dated 10.06.2020.
Hon’ble Judges observed that :
We fail to see as to what were the shortcomings in the medical treatment offered to the respondent, which could have been the basis for grant of interim bail on medical ground.
Ultimately the Supreme Court found that the Judgment passed by the Allahabad High Court at Lucknow is unsustainable.
The Appeal of the State has been allowed. The Order of the Allahabad High Court granting Interim bail has been set aside.
Title:- State of U.P. vs Gayatri Prajapati
Case No.- Criminal Appeal 686 of 2020
Coram- Hon’ble Justice Ashok Bhushan, Hon’ble Justice R. Subhash Reddy, and Hon’ble Justice M.R. Shah
Date of Judgment:15.10.2020