RAMAKANT v. STATE OF U.P. THRU. THE PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
NABAIL/1286/2025 · 2025-09-17
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 165572 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 165572 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1286 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J.
1. The present anticipatory bail application has been filed seeking anticipatory bail in F.I.R./Case Crime No. 103 of 2025, Under Sections- 105, 319 (2) of the Bhartiya Nyaya Sanhita (B.N.S.), 2023, Police Station- Naimisharanya, District- Sitapur. 2. Heard learned counsel for the applicant as well as learned AGA for the State. 3. Notice to respondent no. 2 is dispensed with in view of the proposed order. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. The incident is of 11.05.2025, whereas the FIR was lodged on 10.06.2025 by filing an application 173(4) BNSS. It is further submitted that the body of the deceased had already been cremated and no postmortem was conducted, hence the cause of death has not been ascertained. 5. Per contra, learned A.G.A., on the basis of record, submits that the complainant’s daughter was suffering from chest pain and, on 01.04.2025, she went to Ramakant for treatment. He administered medicine and continued to treat her for about 15 days, during which her condition deteriorated. Thereafter, she was referred to the District Hospital, Sitapur, Versus Counsel for Applicant(s) : Arvind Kumar Verma Counsel for Opposite Party(s) : G.A. Ramakant .....Applicant(s) State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s)
and subsequently to the Medical College, Lucknow. On being brought to the emergency ward, it was found that infection caused by the medicine had already spread throughout her body, and she was refused admission. Thereafter, she succumbed on 11.05.2025. 6. It is further contended that the applicant, not being a registered medical practitioner and not possessing any medical degree, ought not to have treated the deceased. Had she been referred to a proper hospital at the very outset, her life could possibly have been saved. The FIR also alleges that the cremation of the deceased was carried out under pressure exerted by the applicant along with a few others. 7. Perused the record. 8. It is not disputed that the applicant is not a registered medical practitioner and does not possess any medical degree. The deceased appears to have been treated by him for a period of about 15 days.
Coupled with the observations recorded in the rejection order passed by the learned court below, this Court does not find it to be a case of false implication or the applicant has been implicated only to malign his reputation. 9. No case for grant of anticipatory bail is made out. Accordingly, the bail application stands dismissed. September 17, 2025 R.C.
NABAIL No. 1286 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench