Neutral Citation No. - 2025:AHC:39733 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9117 of 2025 Applicant :- Abhinav Singh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh,Gaurav Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed by applicant is taken on record. 2. Heard Sri Mayank Kesh Singh Chandel, learned Advocate, holding brief of Sri Ashok Kumar Singh, learned counsel for the applicant and Sri Imran Khan, learned AGA, for the State. 3. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.241 of 2022, under Section 302 IPC, Police Station Shyamdeurwa, District Maharajganj during pendency of the trial. 4. FIR of the present case was lodged on 3.9.2022 against applicant and according to the FIR, applicant was Doctor in Rishika Hospital and Maternity Center and on 1.9.2022 he himself did the operation of the mother of the informant in spite of the fact that he was not qualified to conduct the operation and due to the operation conducted by the applicant, mother of the informant died. 5. Learned counsel for the applicant submits that on the basis of false allegation applicant has been made accused in the present matter. 6. He further submits that applicant is not the Doctor in the alleged Hospital and he never conducted operation of the mother of the informant as alleged in the FIR. It is further submitted that during investigation when the statement of the informant was recorded under Section 161 Cr.P.C. then he also admitted the fact that actually operation of his mother was conducted in a Hospital situated at Nepal and after investigation final report has been submitted but the authorities concerned directed for further investigation and during further investigation applicant again has been made accused in the present matter and has been sent to jail on 12.11.2024. 7. He refuter submits that however apart from the present case applicant is having criminal history of three other cases but his criminal antecedents have been explained in the instant bail application. 8. He further submits that out of three cases although one case is of Section 304 IPC with similar allegation but in that case also applicant was falsely made accused and after considering entire facts of the case, in that case, this Court has enlarged him on bail. 9. Per contra, learned AGA opposed the prayer for bail and submits that applicant illegally used to conduct operation of innocent people and actually he was not a qualified Doctor and he took the life of mother of the informant and earlier also with similar allegation he has been sent to jail but the learned AGA could not dispute the fact that during investigation in his statement, informant categorically stated that operation of his mother was conducted in the Hospital situated at Nepal and in his statement he did not state that applicant conducted her operation. 10. Learned AGA, however, further pointed out that during further investigation the correct facts were surfaced and thereafter applicant was arrested and, therefore, considering the totality of the facts and circumstances of the case and previous conduct of the applicant, he should not be released on bail. 11. I have heard learned counsel for the parties and perused the record of the case. 12. As per allegation made in the FIR applicant conducted the operation of the mother of the informant, however, he was not authorized to conduct the operation and due to that mother of the informant died but when statement of the informant was recorded during investigation then he denied the allegations levelled against the applicant in the FIR and stated that actually operation of her mother was conducted in a Hospital situated at Nepal and thereafter it appears, final report has been submitted but record suggests, after that further investigation was conducted and during further investigation applicant was sent to jail after two years. 13. Further, apart from the present case applicant is having criminal antecedents of three other cases but his criminal antecedents have been explained in the instant bail application and out of three cases, one case is of Section 304 IPC with similar allegation but it reflects, in that case applicant has already been released on bail. 14. Further, law is settled that ordinarily if otherwise case of bail is made out then merely on the basis of criminal antecedent bail application of an accused should not be withheld. 15. Further, law is also settled that bail is a rule while bail rejection is an exception and unless proven guilty, an accused is deemed to be innocent and bail application of an accused should not be dismissed for punitive purpose. 16. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 17. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 18. Let the applicant-Abhinav Singh Yadav 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. 19. 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. 20. 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 :- 19.3.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad