Pradeep Singh vs State of U.P.

Ravindra Singh, J.—Heard Sri. Manish Tiwary, Sri. A.K. Awasthi, learned Counsel for the applicant, learned A.G.A. for the State of U.P. and Sri. P.C. Srivastava, learned Counsel for the complainant.

This is second bail application filed by the applicant Pradeep Singh with a prayer that he may be released on a short-term bail on the ground of illness of the applicant in Case Crime No. 1037 of 2004, under Sections 302, 307, 34, 504 and 506, I.P.C., Police Station Cantt. district Gorakhpur.

The Criminal Misc. Bail Application No. 5531 of 2008 has been rejected by Hon''ble (Mrs.) Saroj Bala, J., on 27.1.2009 after considering the merits of the case.

It is contended by learned Counsel for the applicant that the applicant is having serious eye trouble for which proper care and treatment is not available inside the District Jail, Gorakhpur due to eye trouble, the applicant is having blurred vision and temporary blackouts. The applicant moved an application in the Court of learned Additional Sessions Judge, F.T.C. No. 3, Gorakhpur with a prayer that treatment of the eye may be done from a S.T.O. Specialist on which the Jail Superintendent was directed to take the steps as per rules on 17.6.2009, a small treatment has been provided to the applicant in the jail, which has been resulted in no relief. The applicant is in jail since 29.6.2009, in case applicant is not released on a short-term bail, he may not be able to get proper medical aid and his eye vision shall be lost.

In reply of the above contention, it submitted by learned A.G.A. that the applicant is an accused in a very serious case of grave in nature, which has taken place at 12.15 p.m. on 4.8.2004 in the compound of civil Court, Gorakhpur hardly at a distance of 20 paces from under trial prisoner''s lock up. The applicant and other co-accused persons discharged the shots at the deceased, consequently, he had sustained 5 gun shot wounds of entry. Prior to the alleged incident, the applicant and other co-accused persons had committed the murder of father of the first informant in the year 1995, in its trial the date was fixed on the alleged day of incident and the applicant is not suffering from any serious disease, if there is any trouble in the eye, the same may be cured at Jail Hospital, Gorakhpur. This application has been filed with a purpose that the applicant may be released on a short-term bail so that he may be able to tamper with evidence, in such serious case, the applicant may not be released on a short-term bail.

From the perusal of the record it appears that in this case, the medical report of the applicant was called from Jail Superintendent, District Jail, Gorakhpur through the C.J.M., Gorakhpur vide order dated 4.9.2009. Learned C.J.M., Gorakhpur has sent the report dated 17.9.2009 mentioning therein that the Senior Superintendent of District Jail, Gorakhpur had sent a letter to D.I.G., Gorakhpur and R.I. Police Lines, Gorakhpur to provide the police force so that the applicant may be sent for medical examination outside the jail, but the same could not be provided that is why the applicant could not be taken out from the jail for the purpose of medical examination and the applicant himself has refused to go outside the jail in the custody of the jail guards for medical examination due to security reason. It shows that the applicant is also having apprehension to his life and the applicant is not suffering from serious disease, allegedly he is having eye trouble and the applicant himself is involved in a very serious case in which the murder has taken place in the Court campus. It is not proper to release the applicant on a short-term bail. The prayer for releasing the applicant on a short-term bail is refused.

However, it is directed that, in case, the applicant is suffering from any eye trouble, the proper treatment shall be provided by Senior Superintendent of Jail, Gorakhpur inside the Jail. If the proper facilities are not available in the jail, the same shall be provided by C.M.O., Gorakhpur in the jail.

With the above direction, this application is disposed of finally.

Let a certified copy of this order be communicated to the C.J.M., Gorakhpur within a week from today, for compliance.