Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:134745 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24461 of 2025 Applicant :- Dr. Anushka Tiwari Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Dubey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Sri Brijendra Kumar, learned AGA for the State-Respondent and perused the record. The present bail application has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 201 of 2025, under Section 105 of the Bharatiya Nyaya Sanhita, 2023, Police Station Rawatpur, District Kanpur Nagar.
Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that the applicant is a Dentist and running a clinic at Kanpur Nagar. He submits that there is no evidence which reflects that hair transplant was conducted by the applicant. The fact is that the deceased was referred to Anurag Hospital and when the condition of the deceased did not improve he was again referred to Regency Hospital, where the deceased died. The deceased had also signed the consent letter for his hair transplant to be conducted by Dr. Manish of Sai Ram Charitable Hospital, Kanpur Nagar, as such the applicant is innocent and not responsible for the death of the deceased caused due to failure of treatment conducted by another Doctor. The fact that the hair transplant was conducted by Dr. Manish of Sari Ram Charitable Hospital is borne out from the records of the hospital brought on record as Annexure No. 6 to the affidavit filed in support of the bail application. The applicant is languishing in jail since 26.05.2025. The applicant has no criminal antecedent and there is no likelihood of his 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. He further submits that the applicant has no
certificate of doing hair transplant treatment. The deceased was admitted in the hospital of the applicant and when the situation became out of control, the deceased was referred to another hospital where the deceased died. 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, Dr. Anushka Tiwari, 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 :- 8.8.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad