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Synopsis

The Allahabad High Court on Monday January 29, 2024, granted interim bail to Samajwadi Party leader Atul Rai in an abetment of suicide case, on medical grounds. 

The bench of Justice Faiz Alam Khan underscored the inherent right to life and humane treatment for every individual in custody, emphasizing the entitlement to receive adequate medical care aligned with their health condition.

"Not providing the medical facilities to the prisoners is to deny them fundamental right to life. Incarceration in prison does not deprive prisoners of their fundamental right to life which includes right to get appropriate health care," the bench said. 

It emphasised the necessity of providing appropriate healthcare to prisoners, citing the risk of irreparable pain, suffering, and, in extreme cases, loss of life.

Significantly, court stressed that it had heard the matter on the limited question of the necessity of releasing Rai on interim bail on account of his medical condition and the merits of the case were not discussed. 

"...the limited issue before this Court is, whether applicant may be adequately treated while lodged in jail or his liberty is required to be restored as according to learned counsel for the applicant, he is not being provided adequate treatment while lodged in prison," it pointed out. 

Therefore, taking note of Rai's various ailments including Phaeochromocytoma/paraganglioma which had been held chronic problems by the medical board, and the fact that despite advise of experts, Rai had not been taken to AIIMS, New Delhi or SGPGI, Lucknow for suggested tests, court granted Rai interim bail on furnishing a personal bond of Rs. 2 lacs and two sureties of the like amount.

"This Court is of the considered view that howsoever the serious offence may be, health condition of human being is paramount. The custody during the period of trial cannot be termed to be punitive in nature," said the bench. 

The court will hear Rai's bail application again on March 19, 2024.

Rai's first bail application was rejected on merits by the high court on June 7, 2022 and second bail application was rejected on March 14, 2023. Rai, thereafter, approached the Supreme Court by filing Special Leave to Appeal against the order dated Marach 14, 2023 whereby his second bail application was rejected. However, he himself got the S.L.P. dismissed as withdrawn by means of order dated Octotber 13, 2023.

Rai is a sitting Member of Parliament from Ghosi Lok Sabha Constituency of Uttar Pradesh. To his credit, Rai so far has 23 criminal cases including cases of kidnapping, murder, rape and other heinous offences.

Rai was already named in a rape case and the instant case was registered against him under Sections 120B, 167, 195A, 218, 306, 504, and 506 IPC pursuant to the death of the victim girl and his friend owing to their suicide attempt within the Supreme Court premises in August 2021.

Rai has been in jail in this case since October 29, 2021, however, he was in jail in another case since 2019.

Seeking relief from the high court, Rai's counsel Rai's counsel contended that his client, unable to stand unaided, faces a dire health situation. The counsel claimed that doctors have advised him against travel, warning that prolonged imprisonment without proper medical care could prove fatal due to unaddressed ailments.

Case Title: Atul Kumar Singh Alias Atul Rai v. State Of U.P. Thru. Prin. Secy. Home Lko