Neutral Citation No. - 2025:AHC:5437 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46920 of 2024 Applicant :- Dr. Firoz Alias Firoz Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Syed Ahmed Faizan,Sr. Advocate,Zaheer Asghar Counsel for Opposite Party :- Raj Kumar Singh, Sunil Kumar Singh,G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Zaheer Asghar, learned counsel for the applicant, Sri Sunil Kumar Singh, learned counsel for the informant and Sri Shatrughan Yadav, learned AGA for the State-respondent. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.0263 of 2024, under Section 105 B.N.S. and 15 (3) Indian Medical Council Act, 1956, Police Station Maniyar, District Ballia during pendency of the trial. 3. FIR of the present case was lodged on 05.11.2024 against the applicant and according to the FIR son of informant was suffering with severe cold and cough and on 5.11.2024 at about 5.00 PM in the evening informant has taken his son to the applicant who was doctor and he gave him an injection and immediately thereafter his son started vomiting and thereafter, informant has taken him to government hospital where he died. 4. Learned counsel for the applicant submitted that on the basis of false allegation applicant has been made accused in the present matter. 5. He further submits that applicant is not even a doctor and therefore, there was no occasion for him to give any injection to the deceased, as alleged by the prosecution. 6. He further submits that even if the allegations are accepted although they are pertinently false then also considering the postmortem report of the deceased it could not be reflected that due to the wrong injection given by the applicant, deceased died. 7. He further submits that from perusal of the postmortem report of the deceased it reflects that he died due to septicemia and from the condition of his lungs it reflects that his both lungs were filled with multiple pus packets and it appears that as he was suffering with severe cold and cough, therefore, he developed lung infection and died. 8. He further submits that applicant is not having any criminal history and in the present matter applicant is in jail since 06.11.2024 i.e. for last more than two months. 9. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that applicant is not even a qualified doctor and due to his wrong treatment son of the informant died but could not dispute the fact that from the post mortem report it could not be reflected that due to the wrong injection alleged to have been given by the applicant deceased died. They further could not dispute the fact that as per post mortem report of the deceased he died due to septicemia and lungs of the deceased were filled with multiple pus packets and he was suffering with severe cold and cough. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, as per the allegations applicant was not even qualified doctor but in spite of that he gave an injection to the son of the informant who was suffering with severe cold and cough and after that he died but from the perusal of the postmortem report of the deceased it reflects that he died due to septicemia and his both lungs were filled with pus pockets and considering the facts that he was suffering with severe cough and cold, the arguments advanced by the learned counsel for the applicant cannot be ruled out by this court at this stage. 12. Further, applicant is not having any criminal history and in the present matter he is in jail since 06.11.2024 i.e. for last more than two months. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant -Dr. Firoz Alias Firoz Ahmad be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 16. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 17. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 10.1.2025 Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad