The Supreme Court on Wednesday refused interim bail to Rajiv Mishra, the former principal of BRD Medical College at Gorakhpur, who is accused of culpable homicide leading to death of 23 infants at the hospital due to lack of oxygen supply.

Nine months on in jail, Mishra’s lawyer and senior advocate, Mukul Rohatgi, pleaded before a Vacation Bench of Justices lN Rao and M Mohan Shantanagoudar to release his client on bail as he was ill and had sustained incarceration for a long time. Rohatgi further claimed that the cause of death of infants was reportedly due to Japanese encephalitis and not lack of oxygen. Moreover, the agent who supplied oxygen to the hospital had already been granted bail.

But these facts did not weigh with the bench. The judges asked Rohatgi, “What can we do if you do not pay him (agent) for gas.” The Court referred to the charge sheet which suggested that the agent stopped supplying oxygen as his bills were not cleared.

The prosecution story further stated that the accused former principal was guilty of culpable homicide as he demanded commission from the agent and refused to clear the bills on this account.

But Rohatgi disputed claiming there was no proof for the same.               

The Bench fixed the matter for hearing next week allowing the counsel for Mishra to serve the bail plea to the state government.

The Allahabad High Court had on April 30 denied bail to Mishra who is facing charges under the Prevention of Corruption Act besides various provisions of the Indian Penal Code. The FIR in connection with the deaths was filed on August 23, 2017 against nine persons, including Mishra and his wife