Neutral Citation No. - 2025:AHC:113916 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1133 of 2025 Applicant :- Shaista Parveen Opposite Party :- State of U.P. Counsel for Applicant :- Atharva Dixit,Madan Singh,Pranav Tiwary Counsel for Opposite Party :- Deepak Singh,G.A.,G.S. Chauhan Hon'ble Ashutosh Srivastava,J. Heard Sri Pranav Tiwary, learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State-Respondent, Sri Deepak Singh, learned counsel for the first informant and perused the record. The present bail application has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 682 of 2025, under Sections 318(4) and 105 of the Bharatiya Nyaya Sanhita, 2023, Police Station Katghar, District Moradabad. Learned counsel for the applicant argued that the accused- applicant is innocent and she has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that the Jiyan Clinic is not registered in the name of the applicant and the applicant has not operated the deceased Arti. He further submits that the death of the deceased has not occurred in the alleged clinic of the applicant as such the applicant is not responsible for the death of the deceased. According the post- mortem report, the death occurred due to post-partum hemorrhage in the another hospital where the deceased was referred. He further submits that no negligence has been committed on the part of the applicant. He further submits that no intention of causing death can be attributed to the applicant as such, Section 105 of B.N.S. against the applicant is not attracted in the present case. The allegation of demand of Rs. 50,000/- as alleged by the informant is baseless and in fact when the condition of deceased became critical, she was referred to the another hospital where the deceased was admitted and kept on ventilator. He submits that in the present case, charge-sheet has been filed and the applicant is not required for any custodial interrogation. He further submits that the applicant is a mother of seven months old baby and she is also entitled for benefit of Section 437 Cr.P.C. He further submits that the applicant is languishing in jail since 12.12.2024, charge- sheet has also been filed but till date no charge has been framed. The applicant has no previous criminal antecedent and there is no likelihood of her fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for. Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima-facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Shaista Parveen, involved in above mentioned case crime number be released on bail, on her executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless her personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel her bail. Order Date :- 15.7.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad