Neutral Citation No. - 2025:AHC:85214 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13422 of 2025 Applicant :- Juhi Opposite Party :- State of U.P. Counsel for Applicant :- Anant Narayan Singh,Arun Kumar Srivastava,Priyanka Srivastava Counsel for Opposite Party :- Dileep Kumar Gautam,G.A.,Kumar Parikshit Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed on behalf of the applicant in the Court is taken on record. 2. Heard Sri Arun Kumar Srivastava, learned counsel for the applicant, Sri Daram Raj Pal, learned A.G.A. for the State- respondent and Sri Kumar Parikshit, learned counsel for the informant. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.128 of 2025, under Sections 318(4), 319(2), 3(5), 105 B.N.S. and Section 34(2) National Medical Commission Act, 2019, Police Station Dadari, District Gautam Budh Nagar, during pendency of the trial. 4. Learned counsel for the applicant submits that applicant was not named in the FIR but during investigation, she has been made accused in the present matter on the ground that she also without any proper qualification treated the deceased alongwith alleged Dr. Rajeev, who was named in the FIR but after considering the entire facts of the case in detail co-accused Rajeev has been released on bail by this Court vide order dated 17.05.2025 passed in Criminal Misc. Bail Application No.15704 of 2025 and on facts, case of applicant is at par with him. 5. He further submits that applicant is a lady and she is having no criminal history and she is in jail since 23.03.2025. 6. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submit that applicant is a homeopathic doctor but inspite of that she tried to deliver the child and due to this reason, deceased died but could not dispute the fact that from the record, it reflects that co-accused Rajeev, who was not qualified, also treated the deceased and he has been released on bail by this Court vide order dated 17.05.2025. 7. They further could not dispute the fact that applicant is a lady and she is having no criminal history and she is in jail since 23.03.2025. 8. I have heard both the parties and perused the record of the case. 9. However, as per allegation, due to wrong treatment provided by applicant and co-accused Rajeev, deceased died but it reflects, co- accused Rajeev has been released on bail by this Court vide order dated 17.05.2025. 10. Further, applicant is having no criminal history and she is in jail since 23.03.2025 and she is a lady too. 11. Further, law is settled, unless proven guilty an accused is deemed to be innocent and his/her bail application should not be dismissed for punitive purpose. 12. Therefore, considering the entire 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- Juhi 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 her 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 :- 20.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad