Allahabad HC Grants Interim Bail to BSP MP Atul Rai Prioritizing Human Health Regardless of the Seriousness of the Offence

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Published on: February 1, 2024 at 13:00 IST

The Allahabad High Court has granted interim bail to MP Atul Rai in an abetment to suicide case, emphasizing that the health condition of a person in custody, whether a convict or accused, must be prioritized, asserting their inherent right to life and humane treatment.

In a decision delivered by Justice Mohd. Faiz Alam Khan, the Court stated, “The custody during the period of trial cannot be termed to be punitive in nature. The health concern of a person in custody has to be taken care of by the State and is to be keenly watched and evaluated by the judiciary. Every person has a right to get himself adequately and effectively medically treated even if he is an undertrial or a convict.”

The Court considered the accused’s history of twenty-five criminal cases, noting that he was acquitted in one rape case.

The FIR against the accused, invoking Sections 376, 420, 406, 506 of IPC, stemmed from a complaint by the victim who attempted suicide along with her friend within the Supreme Court precincts.

The Committee’s report led to the FIR, alleging harassment that drove the victims to attempt suicide.

The Court emphasized that “the provision of providing necessary medical care to an undertrial may not be determined by his/her economic status. Irrespective of their financial status, they are entitled to receive basic medical care.”

Citing the accused’s complaints of vertigo, nausea, tinnitus, headache, hand and foot jerks, tremors, memory loss, and Parkinson’s, the court directed him to undergo a PET Scan for evaluating any malignant tumor.

Granting interim bail on medical grounds with a bond of Rs. 2 lakhs, the court stated, “The discretion for granting interim bail on medical ground may not be exercised only at a stage when the accused has lost all hope or is breathing his last. Rather the medical facility must be provided at a time at which it is needed more, or at an appropriate time.”

Case Title: Atul Kumar Singh Alias Atul Rai v. State Of U.P.

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