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Gayatri Prajapati, minister from Uttar Pradesh is an accused during a gang-rape case and had been in custody since March of 2017. The Supreme Court set aside the interim bail granted to him earlier.
As regards Prajapati's arguments of getting a medical condition and needing medical attention, the Court noted that adequate medical aid was being provided to Prajapati by the jail authorities. As such, the two-month interim bail wasn't required, the Court ruled.
The high court's order did not record its satisfaction with Prajapati's submission that he was allegedly not getting needed institutional medical care and proper treatment.
During the course of the hearing, it had been argued on behalf of Prajapati that no matter the gravity of the offence alleged against an individual, every accused is required to be treated humanely especially when affected by an ailment. Every prisoner is entitled to medical treatment while under incarceration, it had been argued. The State of Uttar Pradesh had argued that Prajapati was being given proper medical treatment which there have been no gaps or shortcomings in giving him requisite medical aid.
The Court held that the material on record shows that Prajapati is being given due medical care and that the High Court proceeded to pass the order for interim bail without considering these materials on record. It recorded in its judgment.
As such, the Supreme Court allowed the appeal filed by the State of Uttar Pradesh against the High Court's order and put aside the order granting interim bail to Prajapati.
Prajapati is an accused of a gang-rape case and had been in custody since March of 2017. Interim bail on medical grounds was granted later by the supreme court on September 3, this year. This bail now stands cancelled.
Currently, another bail plea by Prajapati remains pending before the high court.
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