The Allahabad High Court on April 26 ruled out that there is no evidence of medical negligence against Dr Kafeel Khan, the pediatrician who was arrested in the case regarding death of 63 children who allegedly died due to disruption of oxygen supply at a BRD hospital Gorakhpur in August 2017.
Dr Khan who was imprisoned since 2 September 2017 was released on bail on 25 April 2018.
Allahabad court stated that Khan was kept in jail even as he was 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.
Justice Yashwant Verma has reportedly said “There is no material on record, which may establish medical negligence against the applicant individually. This is quite apart from the fact that no inquiry was also undertaken or initiated.”
While favouring the doctor, additional government advocate stated that not even a single aspect of the probe remains outstanding and there is no need for the continued custody of Dr Khan. He admittedly is a medical practitioner, a government employee with no prior criminal history.
Dr Khan’s family had applied for bail several times and he finally got bail following a 10-page letter released by his family which he wrote from jail, in which he claimed he was being made a scapegoat in the case.