New Delhi, April 1, 2024 — The Delhi High Court has granted interim bail to Ashok Kumar, the primary accused in a notorious acid attack case, allowing him to seek medical treatment for a hernia condition. The bail, set for a period of two months, mandates his treatment at a second-tier jail referral hospital due to alleged inadequacies in his current medical care.
Case Background
The case traces back to December 23, 2014, when the complainant, a Senior Resident Doctor at ESI Hospital, was attacked in the Rajouri Garden area of Delhi. According to the FIR, two unidentified men on a motorcycle snatched her bag and threw a chemical substance on her face, resulting in severe burns to her right eye, face, and right hand. The complainant’s immediate alarm raised attention, but the attackers managed to flee the scene. Based on her statement, spot inspection, and medical examination, the police registered a case under Sections 394, 326A, and 34 of the Indian Penal Code (IPC).
Ashok Kumar, alleged to be the mastermind behind the attack due to a rejected love proposal, was arrested on December 25, 2014. Since then, he has been in judicial custody, with multiple instances of interim bail being granted for various reasons.
Court Proceedings
In the latest development, Kumar’s counsel, Mr. Mukesh Kalia, presented arguments seeking interim bail for his client under Sections 439 and 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.), citing severe medical issues. He argued that Kumar suffers from a serious hernia condition causing excruciating abdominal pain and bleeding, and the treatment at Deen Dayal Upadhyay (DDU) Hospital, a jail-referred facility, was inadequate.
Mr. Kalia highlighted that Kumar wishes to receive treatment at a private hospital at his own expense. He also pointed out that Kumar had been granted interim bail previously and had never misused the liberty. Additionally, he noted that the key witnesses, including the complainant, had already been examined, minimizing the risk of evidence tampering.
Opposing the bail plea, Mr. Manoj Pant, the Additional Public Prosecutor (APP) for the state, emphasized the gravity of the charges against Kumar and maintained that DDU Hospital had the necessary facilities to treat his condition. He argued that allowing bail on medical grounds was unwarranted since adequate treatment was available at the government hospital.
Court’s Decision
Justice Swarana Kanta Sharma presided over the case, taking into account the arguments from both sides and the medical records presented. The court reviewed Kumar’s medical history and the status report from DDU Hospital, which recommended hernia surgery. The report indicated that the hospital had the necessary infrastructure to perform the surgery unless an emergency arose.
In her judgment, Justice Sharma recognized the importance of providing adequate medical care to prisoners but stressed that a preference for private hospital treatment alone could not justify bail. However, considering the medical complexities and the petitioner’s health condition, the court decided to grant interim bail under specific conditions.
Conditions for Bail
- Hospital Admission: Kumar is to be admitted to G.B. Pant Hospital, a second-tier jail referral hospital, for two weeks under judicial custody.
- Custody and Security: The Jail Superintendent will ensure that Kumar remains in custody and that appropriate security measures are in place at the hospital.
- Medical and Incidental Expenses: Kumar will bear all expenses related to his medical treatment, hospitalization, and security arrangements.
- Prohibition on Communication Devices: Kumar is not allowed to use mobile phones or telephones during his hospital stay.
- Legal Access: Kumar’s counsel is permitted legal interviews as per the jail manual and rules.
Conclusion
Justice Sharma’s ruling emphasized that the decision to grant interim bail was strictly for addressing Kumar’s medical needs and should not be interpreted as an opinion on the merits of the case. The order highlights the balance between ensuring justice and safeguarding the health rights of individuals in custody. The order, reserved on March 21, 2024, was pronounced on April 1, 2024.
The Delhi High Court’s decision underscores the judiciary’s role in upholding the rights of the accused while ensuring that justice is served in a fair and balanced manner. This case continues to attract significant public interest due to its high-profile nature and the legal complexities involved.
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