The Supreme Court, in the case of Arvind and Others v. State of Uttar Pradesh, has granted bail to two individuals accused of murder who have been diagnosed with serious kidney-related illnesses.
The bail ruling was issued by a vacation Bench consisting of Justices Prashant Kumar Mishra and KV Vishvanathan. The Bench observed that one of the co-accused had previously died in prison as a result of renal disease.
During the hearing, the Court noticed, “What is the problem in giving them bail? One has already died. They have already been long incarcerated. The present two petitioners are also suffering from kidney ailment. This has not been denied by the State through medical reports,” .
The Court ordered the release of the two accused individuals on bail due to medical reasons and because they had been incarcerated for more than five years, starting from June 1, 2019.
The Court stated that, “Considering the ailment and for the fact that the appellant No.1- Arvind and Appellant No.2-Jai Prakash are in jail from 01.06.2019 i.e. for more than five years, we are inclined to release the appellant No.1 and appellant No.2 on bail,” .
The two individuals accused (appellants) were charged with crimes under Sections 147 (rioting), 149 (member of unlawful assembly), and 302 (murder) of the Indian Penal Code, 1860.
During yesterday’s proceedings on 8th june, the State counsel first argued that rather than providing bail to the two accused individuals, they might get superior medical care at a private hospital.
Nevertheless, the Court was unimpressed by this position. Upon reviewing the medical report submitted by the State, the Court determined it appropriate to grant bail to both of the accused individuals.
Advocate-on-Record SR Setia and Pushkar Anand, together with attorneys Anurag Dubey, KB Upadhyay, Manmohan, Shailesh Tiwari, SN Tripathi, SD Mishra, and Kalpana, represented the appellants.
Advocate-on-Record Arup Banerjee, together with lawyers Sri Ram Veluru and Prakash Sharma, represented the State of Uttar Pradesh.