Neutral Citation No. - 2025:AHC-LKO:20723 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12058 of 2024 Applicant :- Krishna Kumar Arya Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home U.P. Lko. Counsel for Applicant :- Suyesh Pradhan,Vijay Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. A supplementary affidavit filed on behalf of the applicant is taken on record. 2. Heard Shri Vijay Pratap Singh, learned counsel for the applicant, Shri Alok Kumar Tiwari, learned A.G.A. for the State and perused the records. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No.211 of 2024 under Sections 319(2), 105 B.N.S. & Section 34 of the National Medical Commission Act, 2019 registered at Police Station- Matera, District- Bahraich. 4. The aforesaid case has been registered on the basis of an F.I.R. lodged on 25.09.2024 stating that a six years old child was taken to Krishna Pharmacy and Pharma Clinic on 31.08.2024 for treatment of fever. A fluid was injected to the child due to which he died. 5. In the affidavit filed in support of the application, it has been stated that the applicant is a Pharmacist and he is In-charge of Krishna Medical Centre. It is stated in the affidavit that the applicant had only given medicines for fever in a routine manner and he had not treated the child. When the child's health deteriorated, the applicant took the child in his own vehicle to Narendra Hospital. 6. The State has filed a counter affidavit opposing the bail application. A copy of the enquiry report submitted by an Enquiry Committee consisting of four persons and headed by the Chief Medical Officer, Bahraich has been annexed with the bail application as well as with the counter affidavit wherein it is recorded that the applicant stated during enquiry that he had given certain medicines and injections to the child. However, when his condition deteriorated, the child was taken to Narendra Hospital where he was admitted for two hours. The Doctor told that the child had suffered aspiration. Thereafter, the child was referred to higher Centre but he died on the way. 7. The learned counsel for the applicant has submitted that the child died on 31.08.2024. He was cremated without giving any information to the police and his postmortem examination was not conducted. The F.I.R. has been lodged on 25.09.2024. 8. The learned counsel for the applicant further submitted that even if the F.I.R. allegations are assumed to be correct, the offence under Section 105 and 319(2) B.N.S. are not made out. At the most, the allegations would attract Section 34 of the National Medical Commission Act, 2019 which prohibits medical practice by a person who is not enrolled with the Medical Council. The offence under Section 34 of the aforesaid Act is punishable with imprisonment for a term which may extend up to one year or with fine which may extend up to Rs.5,00,000/- or with both. 9. Having considered the aforesaid facts and circumstances of the case, I find force in the aforesaid submissions of the learned counsel for the applicant, I am of the view that the applicant is entitled to be released on bail in the aforesaid crime. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Krishna Kumar Arya be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. . [Subhash Vidyarthi, J.] Order Date :- 11.4.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench