Neutral Citation No. - 2025:AHC:59362 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12065 of 2025 Applicant :- Praveen Singh Opposite Party :- State of U.P. Counsel for Applicant :- Karunesh Pratap Singh,Shivam Kumar Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, seeking enlargement on bail in Case Crime No. 65 of 2025, under Sections 318(4), 351(3), 352, 308(5), 61(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Gulriha, District Gorakhpur during the trial of the case. 2. Learned counsel appearing on behalf of the applicant has submitted that in the FIR which was lodged on 17.01.2025, the applicant was not named in the FIR. As per prosecution story, in the night of 17.01.2025, the complainant along with her sister-in- law went to medical college for admission of child by ambulance 108 but the Doctor told that there is no ventilator available in the said hospital. Thereafter the driver of ambulance and MT told to admit in Arpit Hospital on which they went to Arpit Hospital where they admitted in Arpit hospital. It is alleged that hospital has demanded high charges of the treatment ventilator and amublance that was refused by the complainant and requested the hospital to discharge the child from the hospital. At the discharge request, the Doctor available in the hospital has given threat to deposit money otherwise he will give some injection to the child. On that threat the complainant has lodged a complaint to the police and the police has lodged the FIR. 3. Learned counsel for the applicant has submitted that the applicant is innocent and he is not aware about the incident which has taken place in the hospital. He was owner of the hospital but he was not involved in day to day affairs of the treatment in the hospital. It is further submitted that his name came in the picture in the confessional statement of the Manager who was managing affairs of the hospital. Learned counsel for the applicant has further submitted that the Manager Tushar Tekriwal has already been granted bail vide order dated 08.04.2025 passed by the Co- ordinate Bench of this Court, Aman Gupta, driver of the ambulance has also been enlarged vide order dated 02.04.2025 passed by the Co-ordinate Bench of this Court. Both the orders were placed before this Court for perusal. 4. Learned counsel for the applicant has submitted that the applicant is a reputed person of the Society and he is permanent resident of address given in the memo of parties.The previous criminal history of one case has been explained in the supplementary affidavit in which he has already been acquitted by the competent court. Learned counsel for the applicant has submitted that in view of above facts and circumstances, the applicant may be released on bail as there are no material on record except confessional statement of co-accused who has been granted bail by this Court. The investigation has been completed and charge-sheet has been filed. On the instructions, learned counsel for the applicant undertakes that the applicant shall abide by all terms and conditions imposed by this Court while granting the bail. He has prayed for enlarging the applicant on bail. 5. Per contra, learned counsel appearing on behalf of State who has accepted notice in advance vehemently opposed the instant bail application and submitted that there are clear cut allegation against the applicant in the confessional statement of the Manager of the hospital. He is master mind of all the incident as alleged in the FIR but he has not contradicted the fact that the applicant has one criminal history in which he has been acquitted and he is languishing in jail since 16.02.2025 and the charge-sheet has already been filed on 24.03.2025. Learned AGA has submitted that taking into consideration of serious offence, the applicant is not entitled to be released on bail. 6. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 7. It is admitted that the applicant is owner of the hospital but there are no other material on record to connect the applicant in the present case. After investigation, charge-sheet has already been filed. The criminal history of one case has already been explained in the supplementary affidavit in which he has already been acquitted by the competent court. The other co-accused i.e. Manager Tushar Tekriwal and Aman Gupta, driver of the ambulance have already been granted bail vide order dated 08.04.2025 and 02.04.2025 respectively passed by the Co-ordinate Bench of this Court. Taking into consideration all entirety of the matter as discussed above, I am inclined to grant bail to the applicant. The bail application is allowed. 8. Let the applicant- Praveen Singh who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 1 lakh and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 21.4.2025 Pratima Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad