Neutral Citation No. - 2025:AHC:23526 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47316 of 2024 Applicant :- Jairam Gaud Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Compliance affidavit filed by the State-respondent is taken on record. 2. Heard Sri Santosh Kumar Tiwari, learned counsel for the applicant and Sri Santosh Nigaam, learned AGA for the State- respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 283 of 2024, under Sections 105, 352 and 351(2) BNS, 2023, Police Station-Shyamdeurwa, District- Maharajganj, during pendency of the trial in the court below. 4. FIR of the present case was lodged on 8.10.2024 against applicant and according to the FIR, the applicant treated the daughter of the informant aged about 6 years and he also gave her injection but on next date, her condition started deteriorating and due to the injection given by the applicant, she died. 5. Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter. 6. He further submitted that the applicant is not a doctor therefore, there was no occasion for him to provide medical treatment to the daughter of the informant. He further submitted that the applicant never gave any injection to the deceased as alleged. 7. He further submitted that the FIR is based on vague allegation as in the FIR not even date was mentioned when injection was given by the applicant. 8. He further submitted that as per the prosecution, deceased died on 4.10.2024 but in spite of that FIR was lodged on 8.10.2024. 9. He further submitted that during postmortem, cause of death of the deceased could not be ascertained and her viscera was preserved but till date there is no viscera report on record, therefore, till date it is not knonw that how deceased died but in spite of that after investigation charge-sheet has been filed against the applicant. 10 He further submitted that apart from the present case, applicant is having criminal history of three cases including a case under Section 302 IPC but in that case, applicant is on bail and his entire criminal history has been explained in the instant bail application. 11. He further submitted that in the present matter, applicant is in jail since 09.10.2024 i.e. for last more than four months. 12. Per contra, learned AGA, however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 13. I have heard both the parties and perused the record of the case. 14. However, as per allegation, due to the wrong injection given by the applicant who was not even a doctor, daughter of the informant aged about 6 years died but it reflects during postmortem, her cause of death could not be ascertained and her viscera was preserved but till date viscera report could not be received, therefore, till date it cannot said that due to the injection given by the applicant, deceased died. 15. Further, as per the prosecution, deceased died on 4.10.2024 but FIR was lodged on 8.10.2024 i.e. after four days and no plausible explanation has been given by the informant in this regard. 16. Further, however, apart from the present case, applicant is having criminal history of three cases including a case under Section 302 IPC but in that cases, applicant is on bail and his entire criminal history has been explained in the instant bail application and he is in jail since 9.10.2024 for last more than four months. 17. Further, law is settled unless proven guilty an accused is deemed to be innocent and bail application should not be dismissed for punitive purpose. 18. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 19. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 20. Let the applicant- Jairam Gaud 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 activities. 21. 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. 22. 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 :- 18.2.2025 Akbar Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad