ASHOK KUMAR VERSUS THE STATE N.C.T OF DELHI,2024 (DEL) 412
FACTS-complainant was attacked near Chawla Jewellers in the main market of Rajouri Garden, Delhi on 23.12.4 while traveling to ESI Hospital in BasaiDardapur, Delhi, where the complainant used to work as a Senior Resident Doctor. It was alleged by the complainant that two unidentified persons on a motorcycle had approached him from behind, and had snatched his bag, which was placed on her scooty. It was further alleged by the complainant that one of the persons threw a chemical-like substance on her face, causing burns on my right eye, face, and right hand. The complainant had immediately raised an alarm, but the accused persons had fled from the spot. On the basis of the statement of victim, inspection of the spot and MLC of the victim, the present FIR was registered under Sections 394/326A/34 of IPC. During the course of investigation, the present applicant/accused who is allegedly the main conspirator in the present case was arrested on 25.12.2014. The present applicant/applicant is before this Court seeking interim bail on medical ground.
ISSUE-Whether Accused's Preference For Medical Treatment At Private Hospital Over Govt Facility can be A Ground For Granting Bail?
Learned counsel for applicant argues that the accused was arrested in the present case on 25.12.2014 and has been released on interim bail on multiple occasions and that he has never misused the liberty of bail so granted. It is further argued that the applicant herein is suffering from a serious disease of hernia and is also suffering from unbearable pain of abdomen and abdominal bleeding. It is also stated that the present medical situation of the applicant is alarming and he is being taken to Deen Dayal Upadhyay Hospital, Hari Nagar, Delhi where the medical treatment is not satisfactory. It is argued that the accused wants to be treated at a private hospital at his own expenses and for the said purpose, he be granted bail.
OBSERVATION-This Court observes that Government hospitals like DDU Hospital are mandated to provide comprehensive medical care, including specialized services, to patients, including those in custody. These facilities are equipped with the necessary infrastructure, medical equipment, and expertise to address a wide range of health issues effectively. Therefore, the mere preference of an accused for a private hospital over a government facility cannot serve as grounds for granting bail. The Court emphasized, that the applicant was receiving treatment from DDU Hospital, which is a 'first jail referral hospital'.
In view of the facts of the case and the medical documents placed on record, the Court opined that the present applicant be admitted to G.B. Pant Hospital, Delhi which is a part of the second jail referral hospital for a period of two (02) weeks, while being in custody, on following some terms and conditions as specified by the Court. Accordingly, the Court disposed of the application.
