Neutral Citation No. - 2025:AHC:72771 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5515 of 2025 Applicant :- Kishanpal Alias Krishnapal Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Manoj Pandey, learned counsel for the applicant and Sri Pradeep Kumar, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 389 of 2024, under Sections 125(b), 318(4) and 105 BNS and Section 34(2) of National Medical Commission Act, 2019, Police Station Bisauli, District Budaun, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, as per allegation applicant alongwith co-accused Mashroom Khan illegally opened a hospital and due to illegal treatment one Manisha died but entire allegations made against the applicant are totally false. 4. He further submitted that applicant is only one of the nursing staff of the hospital which runs by co-accused Mashroom Khan and therefore, applicant cannot be held liable for the death of the deceased. 5. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 26.12.2024. 6. Per contra, learned AGA opposed the prayer for bail and submitted that FIR of the present case was lodged by Superintendent of Primary Health Centre and during raid it was found that applicant and co-accused Mashroom Khan were illegally running the hospital and subsequently it was found that due to wrong treatment provided in the hospital one Manisha died, therefore, allegations levelled against the applicant are quite serious and considering nature of allegation and period of incarceration applicant should not be released on bail. 7. I have heard learned counsel for the parties and perused the record of the case. 8. FIR of the present case was lodged by Superintendent of Primary Health Centre and as per allegation applicant and co- accused Mashroom Khan were illegally running the hospital and subsequently during investigation he found that applicant and co- accused Mushroom Khan were after taking huge amount from the husband of the deceased illegally and without any qualification, conducted her operation due to which she died and therefore, this Court finds merit in the argument advanced by learned AGA that allegations levelled against the applicant are quite serious. 9. Further, in the present matter, applicant is in jail only since December, 2024. 10. Therefore, considering the facts and circumstances of the case, discussed above, I am not inclined to release the applicant on bail, at this stage. 11. Accordingly, the instant bail application stands rejected, at this stage. 12. 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 :- 6.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad