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2025 DAILYLAW 26949 (ALL)

SMT. VINESH DEVI ALIAS DR. RAJESH v. STATE OF U.P. AND ANOTHER

NABAIL/1938/2025 · 2025-03-23

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:42751 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1938 of 2025 Applicant :- Smt. Vinesh Devi Alias Dr. Rajesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dheeraj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant Anticipatory Bail Application has been filed with a prayer to grant anticipatory bail to the applicant in Case Crime No. 279 of 2024, under Section 105 of B.N.S., Police Station- Titavi, District- Muzaffarnagar, till conclusion of investigation. 3. The allegation in the First Information Report is that the applicant, being a doctor treating patients, was responsible for the care of the informant's pregnant wife. The informant claims that, due to the applicant's negligence during treatment, both his wife and baby died. Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant is having no concern with the alleged incident. Initially, first information report was registered under Section 106(1) BNS and since, offence under Section 106(1) BNS was bailable, therefore, applicant was granted bail by the Trial Court vide order dated 03.12.2024. He next submitted during investigation, Section 105 BNS is added by the Investigating Officer, therefore, applicant has filed present anticipatory bail application. Informant's wife was not admitted in applicant's hospital. Prima facie, no offence under alleged sections is made out against the applicant. Lastly, it is submitted that the applicant is apprehensive of imminent arrest. In case, the applicant is released on bail, she would not misuse the liberty of bail and would cooperate with the investigation. 4. Per contra, learned A.G.A. vehemently opposed the anticipatory bail application of the applicant and submitted that applicant is not an MBBS Doctor but she is running a hospital and on her negligence informant's wife along with baby died. Hence, applicant should not be released on anticipatory bail. 5. Considered the submissions raised by learned counsel for the parties and perused the entire record. From perusal of contents of first information report as well as other material evidence available on record, prima facie, offence is made out against the applicant, as such, no case for interference by this Court is made out. 6. Accordingly, the present anticipatory bail application is rejected. Order Date :- 24.3.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad