HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34545 of 2026 Court No. - 72 HON'BLE VIVEK KUMAR SINGH, J. 1. Heard learned counsel for the applicant and the learned A.G.A. for the State of U.P. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 265 of 2026, under Sections 89, 238, 61(2), 3(5) of B.N.S., Police Station- Gonda, District- Aligarh. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further contended that the applicant has been falsely implicated by police in the F.I.R. dated 06.08.2026. The applicant and three other co-accused were nominated in the F.I.R., wherein it is alleged that the applicant runs a hospital and the victim, aged about 16 years, delivered a dead baby in the hospital. It is further contended that the victim did not level any allegation against the applicant when her statement was recorded under Section 180 of B.N.S.S. and 183 of B.N.S.S. She alleged in her statement that operation was done by Dr. Bhavna, however, no such allegation has been levelled under Section 183 of B.N.S.S. It is further contended that co-accused Bhavna Upadhyay, against whom allegations were levelled by the victim under Section 180 of B.N.S.S., has been granted bail by a co-ordinate Bench of this Court vide order dated 16.09.2026 passed in Crl. Misc. Bail Application No. 31955 of 2026. The applicant is not a doctor by profession; he established the hospital and Medical Establishment Certificate was issued by C.M.O., Aligarh, on 26.09.2024. There is no criminal history of the applicant. Learned counsel Versus Counsel for Applicant(s) : A.T. Pandey Counsel for Opposite Party(s) : G.A. Ishan Upadhaya .....Applicant(s) State of U.P. .....Opposite Party(s) for applicant further submits that applicant has been languishing in jail since 06.08.2026 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. 4. Per contra, learned A.G.A. has opposed the prayer for grant of bail to the applicant and submitted that there is ample evidence against the applicant regarding his involvement in the offence, therefore, he is not entitled to be released on bail. 5. I have considered the rival submissions of the parties and perused the record. 6. Having considered the rival submissions advanced by learned counsel for the parties, the nature of accusations, the evidence brought on record, the period of incarceration undergone by the applicant, the absence of any criminal antecedents, and without expressing any opinion on the merits of the case, this Court finds that the applicant has made out a case for grant of bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant- Ishan Upadhaya who is involved in the 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 shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC/ 269 B.N.S. (iii) In case, the applicant misuses the liberty of bail during trial and in order BAIL No. 34545 of 2026 2 to secure his presence proclamation under Section 82 Cr.P.C./ 84 B.N.S.S., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC/ 209 B.N.S. (iv) 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 of 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. 10. 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. September 28, 2026 A.P. Pandey BAIL No. 34545 of 2026 3 (Vivek Kumar Singh,J.) Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad