In a new development in the case of Gayatri Prakash Prajapati Vs. State of Uttar Pradesh, The Hon’ble Supreme court has stayed the order passed by the Allahabad High Court at Lucknow which granted bail to the rape accused minister on Medical Grounds. The court has issued a notice to the parties as well.
The Order has been passed in the case of State of U.P. vs Gayatri Prasad Prajapati (SLP (Crl.) No.4337 of 2020)
Background of the case:-
Gayatri Prajapati is an under trial in Case Crime No.29 of 2017 dated 18.02.2017 under Section 376(D), 354A(I), 504, 506, 509 of I.P.C. and Section 5 and 6 of POCSO Act, 2012 registered at police Station Gautampalli, District Lucknow.
An Application was moved by Gayatri Prajapti before the Allahabad High Courton 19.08.2019 seeking interim bail on medical grounds for a period of six months. Ms. Rukmini Bobde, learned counsel for the applicant submitted before the Allahabad High Court that the applicant is in judicial custody since 15th March, 2017 and has been falsely implicated in the present case; the prosecutrix and her daughters have been examined before the trial court and they have not supported the case of prosecution.
Ms. Bobde further submitted that the applicant (Gayatri Prajapti) has pressed the application for interim bail and points out that the applicant is suffering from the disease i.e. UTI with Diabetes mellitus with HTN with Bamboo spine with seronegative Spondylorthropathy; he was admitted in King George’s Medical University, Lucknow (K.G.M.U.) from 03′ May, 2019 and remained in the said hospital till 17th January, 2020; on 17th January, 2020, he was discharged from the K.G.M.U. Hospital, Lucknow although he was not cured from the disease by which he is suffering and sent to Jail, Lucknow;
She also pointed out that there is no adequate medical facility available for the treatment of the said disease in the hospital with which the applicant is suffering and therefore, an application for bail was filed before the trial court, the trial court passed an order dated 4th January, 2020 whereby the Superintendent of Jail was directed to submit a report whether adequate medical facility is available in the jail hospital or not.
It was further submitted that the above mentioned fact has been admitted by the State in the counter affidavit/ objections to the supplementary affidavit filed in support of the application for interim bail which is sworn by Sri Abhay Kumar Mishra, Circle Officer at Circle Hazaratganj, District-Lucknow. The Counsel also submitted before the Allahabad High Court K.G.M.U. Hospital, Lucknow is COVID-19 dedicated hospital and proper treatment is not available in jail hospital.
The Allahabad High Court after hearing the parties and going through the record of the case observed that the Senior Superintendent of District Jail, Lucknow, in his report dated 09th January, 2020 stated that the applicant has multiple ailments which require treatment from multiple super specialties, at a tertiary care super specialty hospital. Such treatment is not possible in Jail Hospital and it is not possible to determine how much time it will take for complete improvement; presently patient is not in position to have movements.
Justice Ved Prakash Vaish of Allahabad High Court referred to previous orders passed in the application of Gayatri Prajapati and found that the applicant’s medical condition, which is confirmed by the medical status report, shows that the applicant is suffering from disease i.e. UTI with Diabetes mellitus with HTN with Bamboo spine with seronegative Spondylorthropathy. Proper treatment is not available in K.G.M.U. Hosptial, Lucknow and doctors have advised proper treatment from multiple super specialties, at a tertiary care super specialty hospital.
Ultimately the Allahabad High Court at Lucknow also considering the threat to the applicant’s health in the prevailing times of Covid-19 pandemic and in view of the assurances extended on behalf of the applicant that he shall not apprehend or influence the prosecutix and her family members, the Allahabad High Court granted the applicant, Gayatri Prasad Prajapati, interim bail for a period of two months.
The aforementioned order of the Allahabad High Court granting Bail was appealed by the State of U.P., before the Supreme Court and the Supreme Court has stayed the order of Allahabad High Court at Lucknow which granted bail to the accused on Medical grounds and issued notices to Respondents.
Case Details before Allahabad High Court-
Case Title: Gayatri Prasad Prajapati [Second Bail] vs the State of U.P.
Case No.: Bail No. 5743 of 2019
Date of Order: 03.09.2020
Quorum: Hon’ble Mr. Justice Ved Prakash Vaish
Appearance: Ms. Rukmini Bobde, Advocate and Sri Sushil Kumar Singh,For the applicant and Sri Vinod Sahi, Additional Advocate General assisted by Sri Diwakar Singh, learned Addl. G.A. for the State.
Case Details before Supreme Court-
Case Title: State of U.P. vs Gayatri Prasad Prajapati
Case No.: SLP (Crl.) 4337 of 2020
Date of Order: 21.09.2020
Quorum: Hon’ble Mr. Justice Ashok Bhushan, Hon’ble Mr. Justice R. Shubhas Reddy and Hon’ble Mr. Justice M.R. Shah