The Allahabad High Court while granting bail to doctor Kafeel Ahmad Khan, has said that there was "no material on record, which may establish medical negligence against" him individually in connection with the death of infants in a Gorakhpur hospital last August.
Significantly, the court also takes on record the Yogi Adityanath government's submission that the deaths did not take place due to the shortage of oxygen.
Citing insufficient evidence, the court granted bail to the doctor on Wednesday.
"The Court must also bear in mind that the State in its affidavit and more particularly in paragraph 16 thereof does not attribute the deaths to a shortage of medical oxygen," Justice Yashwant Sinha said in the order on Wednesday but made available only on Thursday.
Mr. Khan has been languishing in jail in connection with the BRD hospital incident since September.
The court said that the state government in its affidavit also "does not refer to any evidence which may establish or even tend to indicate that the applicant has tried to influence witnesses or to tamper with the evidence."
In another significant point, Justice Verma said Mr. Khan was also "not stated to be part of the tendering process that resulted in the enlistment of the entity, which was charged with the supply of medical oxygen."
Manish Bhandari, the main supplier of medical oxygen to the BRD hospital in Gorakhpur, has already been granted bail by the Supreme Court in the same case, the HC pointed out in favour of Mr. Khan.
Mr. Khan faces charges under attempt to commit culpable homicide, criminal breach of trust and criminal conspiracy, which fall under Sections 308, 409 and 120 B of the Indian Penal Code, respectively. The additional charges of corruption and private practice have already been dropped during investigation for lack of evidence, something which the court too noted in its order.
