Neutral Citation No. - 2025:AHC:86018 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5301 of 2025 Applicant :- Kiran Singh Opposite Party :- State of U.P. Counsel for Applicant :- Bachan Singh,Vimal Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Vimal Kumar Pandey, learned counsel for the applicant and Sri Pradeep Kumar, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 317 of 2023, under Sections 304, 506 IPC, Police Station Siddharth Nagar, District Siddharth Nagar during pendency of the trial. 3. Learned counsel for the applicant submits, however, as per allegation applicant illegally runs the hospital and in the hospital due to wrong treatment deceased died but entire allegation leveled against the applicant is totally false. 4. He further submits, from the counter affidavit filed by the State it reflects, applicant himself did not conduct the operation of the deceased and after calling the doctor from outside operation was conducted and considering this fact applicant cannot be held liable for the death of the deceased and it reflects, in spite of best treatment deceased died. 5. He further submits, in any case applicant cannot be held liable for offence under Section 304 IPC. 6. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 29.08.2024 i.e. for last more than eight months. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation, applicant was illegally running the hospital and due to wrong treatment provided by him in the hospital deceased died but from the counter affidavit of the State it reflects, applicant himself did not conduct the operation and by calling the doctor from outside, the operation of the deceased was conducted. Considering this fact, the argument advanced by learned counsel for the applicant that applicant cannot be held liable for offence under Section 304 IPC cannot be ruled out. 10. Further, applicant is not having any criminal history and in the present matter he is in jail since 29.08.2024 i.e. for last more than eight months. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant - Kiran Singh be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 14. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 15. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 21.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad