Neutral Citation No. - 2025:AHC-LKO:35355 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5189 of 2025 Applicant :- Dr.Mohd.Nafees Ahmad Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko Counsel for Applicant :- Ashwani Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record. 2. The present bail application has been filed on behalf of the applicant in Case Crime / F.I.R. No.103 of 2025, under Sections 105, 238, 90, 3(5) of B.N.S., Police Station Antoo, District Pratapgarh, with the prayer to enlarge him on bail. 3. Learned counsel for the applicant submitted that the applicant is an innocent person and has been falsely implicated in the present case and he is in jail since 04.04.2025. As per the prosecution case, the applicant treated the patient unauthorisedly, as a result, the patient died. He further submitted that the patient was brought to the hospital of the applicant and first aid was given to her and thereafter, she was referred to trauma centre and she died in her way to trauma centre. There is no expert opinion about the wrong treatment of the applicant. He further submitted that applicant is having no criminal antecedent, charge sheet has already been filed and she is ready to co-operate in the trial. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. 4. Learned A.G.A. has vehemently opposed the prayer of the applicant for grant of bail and submitted that sufficient evidences have been found against the applicant and charge sheet has already been submitted against her and therefore, she is not entitled for bail. 5. Considering the rival submissions of learned counsel for parties, material available on record, contents of the F.I.R., other relevant documents as well as totality of fact and circumstances, as it is a case of wrong treatment but there is no expert opinion available in the records, as such, I am of the view that it is a fit case for bail. 6. Accordingly, the bail application is allowed. 7. Let applicant - Dr. Mohd. Nafees Ahmad - be released on bail in aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) 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) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC. (v) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC. (vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 11.6.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench