HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7924 of 2025 Court No. - 71 HON'BLE SANJAY KUMAR SINGH, J. 1-Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P. and perused the record. 2-The instant Criminal Misc. Anticipatory Bail Application has been preferred by the applicant after rejection of his anticipatory bail application by the order dated 10.09.2025 passed by learned Sessions Judge, Badaun seeking Anticipatory Bail in Case Crime No. 297 of 2025, under Sections 105, 125 B.N.S., Section 11 Medical Act and Section 34(2) National Medical Commission Act, Police Station Sahaswan, District Budaun during the pendency of the investigation. 3-As per the prosecution case in brief, complainant-Dr. Prashant Tyagi, Medical Superintedent of Community Health Centre, Sahaswan, Badaun got a first information report lodged on 14.07.2025 against the present applicant regarding running an illegal hospital by him stating inter-alia that a hospital, under the name of City Health Care, was being run illegally by the present applicant who is neither a Doctor nor has any valid registration of the hospital. The said hospital was not valid for providing delivery services. On 13.07.2025, a patient namely Muskaan was admitted in the aforesaid hospital for her delivery but on account of fault of the alleged doctor concerned, the patient as well as her newly born baby have died. 4-The main substratum of argument of learned counsel for the Versus Counsel for Applicant(s) : Nagendra Kumar Singh Counsel for Opposite Party(s) : G.A. Saurabh Verma .....Applicant(s) State of U.P. and Another .....Opposite Party(s) applicant is that the applicant is an employee of City Health Care Hospital and someone else was operating and running the aforesaid hospital by using his name, therefore, the present applicant may be enlarged on anticipatory bail. 5-Learned A.G.A. has opposed the prayer for granting anticipatory bail to the applicant by contending that the said City Health Care Hospital was being run illegally by the applicant without any valid registration. When the incident was reported, the officer concerned after an enquiry and spot inspection, lodged an F.I.R. on the direction of Medical Superintendent of Community Health Centre, Sahaswan, Badaun. The offence is heinous in nature as the present applicant was involved in playing with the life of innocent patients, hence, he is hazardous for the society at large. 6-Object of Section 482 B.N.S.S., is that a person should not be unnecessarily harassed or humiliated in order to satisfy personal vendetta or grudge of complainant or any other person operating the things directly or from behind the curtains. It is well settled that discretionary power conferred by the legislature on this court can-not be put in a straitjacket formula, but such discretionary power either grant or refusal of anticipatory bail has to be exercised carefully in appropriate cases with circumspection on the basis of the available material after evaluating the facts of the particular case and considering other relevant factors (nature and gravity of accusation, role attributed to accused, conduct of accused, criminal antecedents, possibility of the applicant to flee from Justice , apprehension of tampering of the witnesses or threat to the complainant, impact of grant of anticipatory bail in investigation or society, etc.) with meticulous precision maintaining balance between the conflicting interest, namely, sanctity of individual liberty and interest of society. 7-In the light of above, looking to the facts and circumstances of this case, submissions of learned counsel for the parties as mentioned above, taking into consideration the role assigned to the applicant as per prosecution case, gravity and nature of accusation, this court is of the view that no case for exercising its discretionary power under section 482 B.N.S.S. is made out in favour of applicant. NABAIL No. 7924 of 2025 2 8-Accordingly this application under section 482 B.N.S.S. is rejected. 9-It is clarified that anything said in this order at this stage is limited to the purpose of determination of this anticipatory bail application and will in no way be construed as an expression on the merits of the case. October 9, 2025 Saurabh NABAIL No. 7924 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad