Introduction:

In a recent ruling, the Delhi High Court addressed a bail plea filed by an acid attack accused seeking medical treatment at a private hospital instead of a government facility. The applicant, Ashok Kumar, invoked Sections 439 and 482 of the Code of Criminal Procedure, 1973, seeking interim bail for medical treatment. However, the Court emphasized the obligation of government hospitals, like DDU Hospital, to provide comprehensive medical care to all patients, including those in custody.

Arguments of Both Sides:

Ashok Kumar, the applicant, argued for interim bail to receive medical treatment at a private hospital, citing inadequate care at DDU Hospital. He expressed concerns about the quality of treatment for his hernia condition and sought admission to a private hospital for better care. On the other hand, the State of NCT of Delhi emphasized the availability of necessary medical facilities and expertise at government hospitals, highlighting the obligation of these institutions to provide comprehensive healthcare to all patients, including prisoners.

Court’s Judgment:

Justice Swarana Kanta Sharma, presiding over the case, rejected the bail plea for seeking treatment at a private hospital. The Court underscored the mandate of government hospitals, like DDU Hospital, to offer specialized services and comprehensive medical care to all patients, regardless of their custodial status. Reviewing the applicant’s medical history and the availability of necessary facilities at DDU Hospital, the Court directed the applicant to be admitted to G.B. Pant Hospital, a second-tier jail referral hospital, for a period of two weeks, while remaining in custody.