A Delhi court has rejected the interim bail plea on medical grounds filed by the owner of the Malviya Nagar hotel where a fire killed 23 people, saying he was already receiving adequate medical treatment in custody.
Additional Sessions Judge Samar Vishal was hearing Lovkesh Bajaj’s plea seeking four weeks of interim bail on the grounds of serious abdominal complications. The court noted that the medical emergency cited by Bajaj had already been addressed through surgery at Delhi’s Ram Manohar Lohia Hospital (RML), reported PTI.
In an order dated September 3, the court said Bajaj’s medical condition was serious and he was entitled to uninterrupted and appropriate care, but there was no medical basis for releasing him from custody.
“The court is conscious of the seriousness of the applicant’s medical condition and his entitlement to uninterrupted and appropriate medical care. However, the material presently available shows that such care is already being provided… interim bail for four weeks is neither medically indicated nor necessary at this stage,” the court said, according to PTI.
Bajaj is an accused in the case related to the June 3 fire at the five-storey ‘Flourish Stay’ B&B in Hauz Rani, in which 23 people were killed and 24 others suffered grievous injuries.
The court said a person in judicial custody is entitled to adequate medical treatment and that their medical needs cannot be ignored merely because they are in custody. However, it said the issue before it was whether Bajaj’s release was medically necessary or whether his treatment could be adequately provided while he remained in custody.
Bajaj had cited serious abdominal complications in his bail plea, saying doctors had advised surgical intervention. He was initially taken to Deen Dayal Upadhyay Hospital and later referred to RML Hospital.
According to his latest medical report, Bajaj was diagnosed with intestinal obstruction and underwent an exploratory laparotomy along with other necessary surgical procedures.
“The applicant is presently admitted at RML Hospital… There is also nothing in the medical report suggesting that his treatment or recovery requires his release from custody or shifting to a private medical facility,” the judge said.
The court found no material suggesting that Bajaj had been denied adequate treatment or that his medical care was inadequate. It also noted that there was no medical advice indicating that he needed treatment outside the government hospital or that his continued custody was affecting his recovery.
“Interim bail on medical grounds cannot be granted merely because an accused is suffering from an ailment or has undergone surgery,” the court said, adding that no circumstance warranting his release had been established.
The court, however, directed jail authorities to ensure uninterrupted treatment, medication, investigations, post-operative care and follow-up as advised by RML doctors.
It also directed the authorities to provide Bajaj’s family access to relevant medical records and reasonable access to him, subject to medical advice and security protocols.
Meanwhile, a magistrate’s court took cognisance of the chargesheet filed in the case and listed the matter for arguments on charge on September 17.
Delhi Police has chargesheeted Bajaj, manager-cum-accountant Jay Mishra and cook Keshav Negi, alleging that the 26-room establishment was being operated in violation of bed-and-breakfast rules, which permitted only six rooms.
According to the investigation, Bajaj had applied for a hotel licence, but his application was rejected because the property had only one entry and exit point and lacked a fire exit. Police alleged that instead of reapplying, he continued operating the property under the B&B framework.
The fire allegedly broke out in the kitchen after Negi left an oil fryer switched on while preparing tea. Police alleged that the flames spread rapidly through the building, with inflammable materials and the single entry-exit route worsening the situation.
(With inputs from PTI)
