Decided on October 15,2020

STATE OF U.P. Appellant
Gayatri Prasad Prajapati Respondents


ASHOK BHUSHAN, J. - (1.)Leave granted.
(2.)This appeal has been filed questioning the order dated 03.09.2020 passed by Allahabad High Court, Lucknow Bench, Lucknow, by which the respondent has been granted interim bail on medical grounds for a period of two months while directing listing of the regular Bail Application No. 5743 of 2019 in the week commencing from 28.09.2020 for hearing.
(3.)Brief facts of the case necessary to decide this appeal are:-
3.1 The respondent, a former minister in the State of U.P. is an accused in case Crime No.29 of 2017 under Sections 376(D)/376/511/ 504/506 of I.P.C. read with Sections 3/4 of POCSO Act, Police Station Gautam Palli, District Lucknow.

3.2 The first information report was registered against the respondent after an order was passed by this Court on 17.02.2017 in a Writ Petition (Crl.) No. 160 of 2016 filed by the complainant. The respondent was granted bail by the Additional District and Sessions Judge, Lucknow vide order dated 25.04.2017, which bail was cancelled before the respondent could be released from the jail by the High Court vide its order dated 26.05.2017 on an application filed by the State of U.P.

3.3 Another Bail Application No.10101 of 2017 filed by the respondent was again rejected by the High Court by order dated 14.12.2017.

3.4 The respondent was admitted for treatment in King George Medical University, Lucknow (hereinafter referred to as "K.G.M.U.") on 03.05.2019. The respondent moved a Bail Application No.5743 of 2019 before the High Court. An application CM. Case No. 99240 of 2019 was filed by the respondent on 19.08.2019 seeking interim bail on medical grounds for a period of six months. The respondent remained admitted in K.G.M.U. from 03.05.2019 to 17.01.2020 when he was discharged. The High Court passed an order on 05.03.2020 while hearing the bail application as well as short term bail application providing that applicant be sent to the Department of Urology of K.G.M.U., Lucknow, where he should be examined/admitted as per opinion of doctor concerned. However, the admission/treatment of the applicant-accused shall be under the supervision of police authorities/team to be constituted by the concerned authority.

3.5 The High Court further directed that applicant-accused may be examined by a medical board to be constituted by the Vice-Chancellor, K.G.M.U., Lucknow and the said report may be placed before the Court.

3.6 On 09.03.2020, the respondent was again admitted in K.G.M.U. The respondent was shifted on 04.06.2020 to the Sanjay Gandhi Postgraduate Institute of Medical Sciences, Lucknow (hereinafter referred to as "S.G.P.G.I.M.S.") for specialised treatment, S.G.P.G.I.M.S. being multi super-speciality (a tertiary medical care super-speciality hospital). The medical board evaluated the respondent and submitted the report on 10.06.2020. An affidavit was also filed before the High Court regarding the medical reports prepared by S.G.P.G.I.M.S. and K.G.M.U. On 29.06.2020, the respondent was again shifted back to K.G.M.U. The High Court by impugned order dated 03.09.2020 allowed the interim bail application of the applicant on medical grounds.

3.7 The State of U.P. aggrieved by the order dated 03.09.2020 has come up in this appeal.


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