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2026 DAILYLAW 11437 (ALL)

MOHAMMAD QASIM v. STATE OF U.P.

BAIL/30357/2026 · 2026-09-28

Vivek Varma

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30357 of 2026 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant, Sri Anupam Anand, learned Brief Holder for the State and perused the record. 2. The present bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 205 of 2026, under Sections 318(4), 105 B.N.S., and 34 Indian Medical Council Act, Police Station- Tanda, District- Rampur during pendency of the trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant is neither a doctor nor did he perform any medical procedure or administer any medicine to the deceased infant. During the pendency of the investigation, the father of the deceased submitted an application to the Chief Judicial Magistrate, Rampur and District Magistrate, Moradabad on 10.6.2026 and 19.6.2026 stating that his son was born at his house and that he died while being taken to the hospital. It is next contended that neither the father nor the mother of the deceased has made any statement before the investigating officer alleging that the delivery of the child was conducted by the applicant. At this stage, there is no corroborative evidence to link the applicant with the offence. The applicant is in jail since 25.6.2026 having no criminal history. In case he is enlarged on bail, he will not misuse the said liberty. 4. Learned Brief Holder for the State opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. Versus Counsel for Applicant(s) : Mirza Ali Zulfaqar Counsel for Opposite Party(s) : G.A. Mohammad Qasim .....Applicant(s) State of U.P. .....Opposite Party(s) 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that during the pendency of the investigation, the father of the deceased submitted an application to the Chief Judicial Magistrate, Rampur and District Magistrate, Moradabad on 10.6.2026 and 19.6.2026 stating that his son was born at his house and that he died while being taken to the hospital. At this stage, there is no corroborative evidence to link the applicant with the offence. The applicant has no criminal antecedents. Further the applicant has presently remained confined for more than three months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant, Mohammad Qasim involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not tamper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. September 29, 2026 S.S. BAIL No. 30357 of 2026 2 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad