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2025 DAILYLAW 133759 (ALL)

SANDEEP @ SANDEEP RAJPUT v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER

NABAIL/323/2025 · 2025-04-16

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21358 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 323 of 2025 Applicant :- Sandeep @ Sandeep Rajput Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Vikas Sharma,Pawan Kumar Maurya Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Vikas Sharma, the learned counsel for the applicant, as well as Sri Abhishek Kumar Singh, learned counsel for the State and perused the records. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.0048 of 2025, under Section 105 B.N.S. and Section 34 National Medical Commission Act, 2019, registered at Police Station Arval, district Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 28.02.2025, stating that the informant's husband was suffering from cough. The applicant, who is a quack, administered an injection to the victim at about 6 p.m. on 27.02.2025 where-after he died immediately. 4. The postmortem examination report could not ascertain the cause of death and viscera has been preserved for examination. 5. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is innocent, he has falsely been implicated in the present case and he has no criminal history. 6. The learned counsel for the State has opposed the prayer for anticipatory bail and submitted that the investigation is still going on. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the allegation against the applicant is of having administered an injection to the deceased after which he died; the postmortem examination report does not reveal the cause of death; the investigation conducted till date has revealed that the applicant had administered a hydrocortisone sodium succinate injection and, prima facie, it cannot be said that the applicant had intention or knowledge that administration of the said injection would cause death of the victim, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 8. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Sandeep @ Sandeep Rajput before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i). that the applicant shall make himself available for interrogation by a police officer as and when required (ii) that the applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that the applicant shall appear before the trial court on each date fixed, unless his personal presence is exempted; and (v). that the applicant shall not pressurize/ intimidate the prosecution witness. . (Subhash Vidyarthi, J.) Order Date :- 16.4.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench