The Delhi High Court has dismissed a bail application from an individual charged with an acid attack who requested medical treatment at a private hospital rather than a government facility. The court underscored the obligation of government hospitals like DDU Hospital to provide all patients, including those in custody, with comprehensive medical care, including specialized services.

The Court emphasized that government facilities like DDU Hospital possess the necessary infrastructure, medical equipment, and expertise to effectively address a wide range of health issues.

Justice Swarana Kanta Sharma, presiding over the case, observed, “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.

The aforementioned observation was made in response to an application filed by Ashok Kumar under Sections 439 and 482 of the Code of Criminal Procedure, 1973 (CrPC), seeking interim bail for a two-month period. This application pertained to an FIR registered for offenses punishable under Sections 326A/392 of the Indian Penal Code, 1860 (IPC).

The applicant claimed that he was receiving medical treatment for a hernia condition at DDU Hospital, Hari Nagar, which serves as a jail referral hospital. He argued that the treatment he was receiving at DDU Hospital was insufficient and expressed his preference to be admitted to a private hospital for better treatment.

The Court acknowledged the applicant's medical background, particularly emphasizing a small umbilical hernia diagnosed by their treating doctor at Deen Dayal Upadhyay Hospital in Delhi. After reviewing a medical status report submitted to the Sessions Court, it noted the presence of essential medical facilities required for the recommended surgery at Deen Dayal Upadhyay Hospital.

Referring to the Jail referral Policy, the Court held, “Thus, according to the aforesaid rules, DDU Hospital or Baba Saheb Ambedkar Hospital represents the first layer of Jail referral Hospitals, which may be referred by the Senior Medical Officer of dispensary of the respective jail.”

The Court underscored that the applicant was undergoing treatment at DDU Hospital, recognized as a 'first jail referral hospital'.

Considering the facts of the case and the medical documents submitted, the Court suggested that the applicant be admitted to G.B. Pant Hospital, Delhi, which is part of the second jail referral hospital, for a two-week period while remaining in custody. The Court outlined specific terms and conditions to be followed during this period, as specified by the Court.

Accordingly, the Court disposed of the application.

Case Title: ASHOK KUMAR versus The State N.C.T Of Delhi