The Allahabad HC has granted two months interim bail on grounds of medical conditions along with some applied conditions to the applicant Gayatri Prasad Prajapati who has been held and is on trial in connection with a gang-rape case.
Hon’ble Justice Ved Prakash Vaish has passed this order on his second bail application.
The applicant (former Uttar Pradesh minister) is under trial, 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.
The applicant along with others who have been accused of raping a woman and an attempt to molest her minor daughter has moved his first bail application in August 2019 seeking interim bail on medical grounds for six months which was cancelled by the High Court before his release.
Ms Rukmini Bobde, learned counsel for the applicant submits second bail application stating 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 the prosecution.
Ms Bobde learned counsel for the applicant 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 Spondyloarthropathy; he was admitted in King George's Medical University, Lucknow (K.G.M.U.).
Although he was not cured of the disease by which he is suffering and sent to Jail, Lucknow; she also points 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 Hon’ble Court.
The Counsel for the State opposed the plea saying that the adequate medical treatment is available and was being given to the applicant but the Counsel for the applicant opposed and requested for interim bail to avail medical treatment.
The Hon’ble Court considered the facts and circumstances of the present case and the applicant's medical condition, which is confirmed by the medical status report, shows that the applicant is suffering from disease and proper treatment is not available in K.G.M.U. Considering the advice of the doctors stating that for a proper treatment would require a multi super speciality hospital for treating the applicant's health in the prevailing times of Covid-19 pandemic is real and imminent.
The Court considering the assurances extended on behalf of the applicant that he shall not apprehend or influence the prosecutrix and her family members. The Court granted interim bail for a period of two months from the date of his release and subject to the following conditions,