SMT. DR. RAJESH ALIAS VINESH v. STATE OF U.P. AND ANOTHER
NABAIL/8310/2025 · 2026-04-01
Rajiv Lochan Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 1747 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 1747 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8310 of 2025 Court No. - 72 HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Rejoinder affidavit, filed today, is taken on record. 2. Heard Sri Anand Prakash Dubey, learned counsel for the applicant; and learned A.G.A. for the State. None appears for the opposite party No.2. 3. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 279 of 2024, under Section 105 of the B.N.S., 2023, Police Station – Titawi, District Muzaffar Nagar, with a prayer to enlarge her on anticipatory bail, till the conclusion of the trial, as the applicant apprehends her arrest in the aforesaid case. 4. The learned counsel for the applicant states that the applicant has been falsely implicated in the present case and seeks anticipatory bail on the following grounds :- i. The applicant is not a doctor and she only used to assist in child births. ii. The applicant is an old aged woman aged about 60 years. iii. The informant, in his statement, has contended that he did not know what was written in the report given to the police and he was not the scribe of the same. iv. The deceased became ill at her own house when he called the ambulance. v. The applicant has also denied having any clinic or hospital. Versus Counsel for Applicant(s) : Anand Prakash Dubey Counsel for Opposite Party(s) : Deepak Kumar, Prashant Kumar Dubey, G.A. Smt. Dr. Rajesh Alias Vinesh .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
vi. The applicant has no criminal antecedents. 5. Learned A.G.A. has opposed the prayer for grant of anticipatory bail and has stated that the applicant, who is not a licensed medical practitioner, was posing as a doctor and playing with the lives of the innocents. The applicant used to run a clinic, which has been sealed on 21.11.2024 i.e. just a day after the applicant is said to have administered treatment to the deceased. 6. I have considered the submissions made by the learned counsel for the parties. 7. There appears to be some compromise which has taken place between the parties.
An affidavit of the informant has been filed as Annexure 6 to this bail application, which is a departure from the version of the first information report and statement under Section 180 B.N.S.S. This Court presently while adjudicating upon this anticipatory bail application is not required to comment upon the affidavit so filed, however, from the material collected during investigation, it appears that the applicant was running a clinic which was thereafter sealed on 21.11.2024. The applicant admittedly is not a licensed medical practitioner. She is also not a qualified nurse. In such circumstance, the applicant was not at all authorized to administer any treatment. 8. In such circumstances, taking into account the allegations that have been made against the applicant, the fact that she is not qualified as a medical professional, I do not deem it appropriate to grant anticipatory bail to the applicant. 9. The anticipatory bail application of the applicant is hereby dismissed. 10. However, in case the applicant appears before the concerned Court and applies for bail, the same shall be considered independently on its own merits, without being influenced by the rejection of the present anticipatory bail application by this Court. April 2, 2026 Kushal NABAIL No. 8310 of 2025 2 (Rajiv Lochan Shukla,J.) Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad