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Neutral Citation No. - 2025:AHC:74506 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15380 of 2025 Applicant :- Satya Prakash Opposite Party :- State of U.P. Counsel for Applicant :- Archit Mandhyan Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Archit Mandhyan, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and also perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 44 of 2025, under Sections 105, 318(4) of BNS and Section 34(2) of National Medical Commission Act, 2019, Police Station - Gunaor, District - Sambhal, during the pendency of trial.
4. As per prosecution story, the applicant is stated to be the proprietor of the New Raj Hospital, Gunnaur and is stated to have conducted the delivery of twins to the wife of the informant but after 4-5 hours of the said delivery, the twins had expired and subsequently, his wife is even stated to have expired due to the complications ensued pursuant to the said delivery in the night of 13/14.02.2025.
5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The applicant is not a qualified doctor. He has neither attended the wife of the informant nor administered any treatment to her, as such, no case is made out against him. The allegations are per se false.
6. Learned counsel has further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 18.02.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
7. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the
learned counsel for the applicant.
8. Considering the facts and circumstances of the case,
submissions made by learned counsel for the parties, nature of offence, complicity of accused and the fact that the applicant not being the proprietor of the said hospital, has not administered any treatment to the wife of the informant, I find it a fit case to release the applicant on bail. The bail application is allowed.
9. Let the applicant- Satya Prakash, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed.
10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date:- 7.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad