Neutral Citation No. - 2025:AHC:71735 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12802 of 2025 Applicant :- Dr. Sanjeev Kumar Sharma Alias Sanjeev Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mata Pher Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sri Mukesh Baghel, learned Advocate filed his power on behalf of complainant, which is taken on record. 2. Heard Sri M.P. Tiwari, learned counsel for the applicant, Sri Mukesh Baghel, learned counsel for the complainant and Sri Pradeep Kumar, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in complainant case no. 17461 of 2023, under Sections 304, 323, 504, 506 IPC, Police Station- Malpura, District- Agra, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that however, it it a case under Section 304 IPC but it is a case in which on the basis of complaint filed by complainant, applicant has been summoned. He further submitted that even complaint was lodged after three and half months. 5. He further submitted that as per allegation made in the complaint, applicant was quack and due to his wrong treatment mother of the complainant died but entire allegation made against the applicant is totally false. 6. He further submitted that applicant is not the doctor and he never provided any treatment to mother of the complainant. He further submitted that actually applicant made a complaint against the complainant as he was illegally running a factory and on the complaint of the applicant his factory was closed and only due to this reason, when in the meantime his mother died then after three months, he cooked up a false story and filed complaint against the applicant. 7. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 24.03.2025. 8. Per contra, learned AGA as well as learned counsel for the complainant opposed the prayer for bail and submitted that applicant is a quack and due to his wrong treatment mother of the complainant died but could not dispute the fact that criminal complaint was filed after three and half months. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per allegation, applicant is a quack and he provided wrong treatment to mother of the complainant, due to which she died but it reflects, applicant has been summoned in a complaint case and even criminal complaint was filed after three and half months. 11. Further, applicant is not having any criminal history and he is in jail in the present matter since 24.03.2025. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Dr. Sanjeev Kumar Sharma Alias Sanjeev Sharma 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. 15. 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. 16. 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 :- 5.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad