Supreme Court grants bail to two men with kidney ailments, notes co-accused died in jail on kidney failure

The Supreme Court on Friday granted bail to two murder-accused men who were found to be suffering from severe kidney ailments [Arvind and Others v. State of Uttar Pradesh]..A vacation Bench of Justices Prashant Kumar Mishra and KV Vishvanathan passed the bail order after pointing out that a co-accused had already passed away in jail due to kidney failure. "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 observed during the hearing. .The Court proceeded to direct the release of the two accused men on bail on medical grounds and also since they had remained in jail for over five years, since June 1, 2019."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 Court said..The two accused (appellants) had been booked for the offences under Sections 147 (rioting), 149 (member of unlawful assembly) and 302 (murder) of the Indian Penal Code, 1860.When the matter was taken up yesterday, the State counsel had initially argued that instead of granting them bail, the two accused men could be given better treatment at a private hospital.The Court, however, was not impressed by this stance. After taking note of the medical report filed by the State, the Court deemed it fit to release both the accused men on bail..Advocates-on-Record SR Setia and Pushkar Anand, and advocates Anurag Dubey, KB Upadhyay, Manmohan, Shailesh Tiwari, SN Tripathi, SD Mishra and Kalpana, appeared for the appellants.Advocate-on-Record Arup Banerjee, and advocates Sri Ram Veluru, and Prakash Sharma appeared for the State of Uttar Pradesh. .[Read Order]