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2025 DAILYLAW 164973 (ALL)

KIRTI @ KHUSHBU CHATURVEDI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

NABAIL/1302/2025 · 2025-09-22

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1302 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Ajeet Kumar Singh, the learned counsel for the applicant as well as Sri Angad Kumar Vishwakarma, learned A.G.A. appearing on behalf of 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.0221 of 2025, under Sections- 125(b), 89 BNS, and Section 34 of National Medical Act, 2019, registered at Police Station- Pali, District- Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 18.05.2025 stating that the complainant's wife had suffered stomach- ache on 29.03.2025 and the applicant had taken her to a clinic where the applicant and her husband co-accused- Dr. Ramji were present. The applicant conducted Dilation and Curettage (DNC) of the patient. The patient suffered heavy bleeding during the treatment and, thereafter, she was taken to HAL Hospital Pvt. Ltd. where the doctor told that the patient's uterus and intestine have suffered immense damage and he conducted immediate surgical operation. When the condition of the patient got deteriorated, she was referred to Kanpur, where her uterus and a portion of intestine had to be removed. 4. In the affidavit filed in support of the anticipatory bail application, it has been contended that the applicant is a lady, she has falsely been Versus Counsel for Applicant(s) : Ajeet Kumar Singh Counsel for Opposite Party(s) : G.A. Kirti @ Khushbu Chaturvedi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) implicated in the present case and she has no criminal history. 5. In the aforesaid case, he has further stated that the applicant possesses a degree of Bachelors in Arts, she is not a doctor and she has not treated the complainant's wife. 6. Applicant's husband, co-accused- Dr. Ramji has already been granted bail in the present case by means of the order dated 31.07.2025 passed by the Chief Judicial Magistrate, Court No.18, Hardoi. 7. The learned A.G.A. has opposed the prayer for bail and submitted that the investigation is still going on. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that co-accused- Dr. Ramji has already been granted bail in the present case by means of the order dated 31.07.2025 passed by the Chief Judicial Magistrate, Court No.18, Hardoi coupled with the fact that the applicant is a lady, she has no previous criminal history. I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 9. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Kirti @ Khushbu Chaturvedi before the learned Trial Court in the aforesaid case crime, she shall be released on anticipatory bail on her 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 appear before the trial court on each date fixed, unless personal presence is exempted; (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 pressurize/ intimidate the prosecution witness; NABAIL No. 1302 of 2025 2 10. In default of any of the conditions mentioned above or it is found that applicant has obtained this order concealing any material facts, the Investigating Officer shall be at liberty to file appropriate application for vacation of this order. September 22, 2025 V. Sinha NABAIL No. 1302 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench