[2026:RJ-JP:11882] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16801/2025 Arif S/o Ibrahim, Aged About 36 Years, R/o Village Nakanpur, Police Station Punhana, At Present Resident Of Ward No. 6, Punhana, Police Station Punhana, District Nuh (Haryana) (Presently Accused In Judicial Custody At District Jail Deeg). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Azad Ahmed For Respondent(s) : Mr. Vijay Singh Yadav, P.P. Mr. R.R. Gurjar Dr. Vijay Kumar, C.M.H.O., District Deeg HON'BLE MR. JUSTICE RAVI CHIRANIA Order 19/03/2026 1. This miscellaneous bail application has been preferred by the accused- petitioner Arif S/o Ibrahim, aged about 36 years, under Section 483 of B.N.S.S., in connection with the FIR bearing No.283/2025 dated 19.09.2025 registered at Police Station Jurhera, District Deeg for the offences punishable under Sections 105 and 61(2) of B.N.S., 2023. 2. Learned counsel for the petitioner submits that the petitioner is not a doctor and was simply running a medical store in a hospital named as I.J. Hospital, Mother and Child Care, Jurhera, District Deeg, Rajasthan on the basis of the qualifications which he acquired from an Authority named as N.E.H.M. of India, which gave a certificate dated 03.06.2022. [2026:RJ-JP:11882] (2 of 5) [CRLMB-16801/2025] 3. Learned counsel submits that on the basis of the above certificate, he was simply running a medical store and has no connection with the incident as reported by the complainant in the FIR. Learned counsel further submits that the contents of the FIR discloses that the son of the complainant died while he was being treated for ‘hernia’ by the doctors in the above hospital and on account of his death the impugned FIR was lodged against the doctors since the petitioner is not a doctor, therefore, he did not play any role in the alleged incident. In view thereof, he prayed that the petitioner may be enlarged on bail by this Court. 4. This Court, after considering the documents placed on record by the learned counsel for the petitioner in the bail application deemed it appropriate to call the C.M.H.O., District Deeg as well as the Investigating Officer of the case to remain present before this Court. In pursuance to the order of this Court dated 17.03.2026, today, Dr. Vijay Kumar, C.M.H.O., District Deeg is present through video conferencing. 5. This Court raised specific query to C.M.H.O, District Deeg regarding his responsibility as a C.M.H.O in the District. He informed this Court that as a C.M.H.O., he is required to inspect and monitor the working of all the hospitals and clinical establishments in the District. A further specific query was raised in regard to the hospital as involved in the case. He informed that he had no information about the same till the registration of present FIR, thereafter, he tried to collect certain information and issued of certain notices to the doctors involved in the case. However, till today, he has no information from the said person as the hospital was seized immediately at that time, therefore he has [2026:RJ-JP:11882] (3 of 5) [CRLMB-16801/2025] not even inspected and seen the hospital from inside. The present hospital is not at a far distance from the office of C.M.H.O. despite that he is not having any information about such hospitals or clinical establishments located in his area despite the fact that he is holding the post from last two years. 6. This Court also interacted with the Investigating Officer who is also present through video conferencing before this Court. During interaction, this Court noted that even the Investigating Officer has never entered into the premises of the said hospital. This Court is surprised to know that neither the C.M.H.O nor the Investigating Officer has ever entered the premises in such a serious case where a person has died in such hospital, which is not even registered with the State Authorities and further noted that the State and its authorities does not have any documents of the doctors who were performing the operations and were giving the treatment in this hospital. 7. This Court also considered the qualifications of the petitioner Arif, however, the certificate nowhere shows that the petitioner is authorised to run any medical store and there is no document on record for running a medical store in the hospital. As far as the State of Rajasthan is concerned, for a person to work in a medical store he is required to have B. Pharma degree or diploma in Pharma. The accused petitioner does not have any such qualification and is not even registered with the authorities of the State. The Investigating Officer present before this Court informed that the present petitioner Arif, was also working as a doctor, though he did not possess the required qualifications and had not used any such designation in his name, however, he was a part of [2026:RJ-JP:11882] (4 of 5) [CRLMB-16801/2025] the team running the said hospital and performed the alleged operation. Running such a hospital in the State without the permission from the State Authorities and providing treatment for serious diseases and without basic medical infrastructure and the qualified doctors is a serious matter. 8. In view of the above, this Court is not inclined to exercise its power under section 483 B.N.S.S.. Consequently, this bail application is dismissed. 9. The Principal Secretary, Medical Health, is directed to conduct an enquiry in respect of the hospital involved in the present case as to how such a hospital was allowed to run in District Deeg without any check or inspection by the C.M.H.O.. In case, upon enquiry it is found that present and past responsible C.M.H.O. has not taken necessary steps in keeping a check on all the medical establishments in the concerned district as per law, the Secretary shall take necessary legal action against the C.M.H.O. for dereliction of duties. As far as the investigation in the present case is concerned, the same is not fair and proper in view of the serious conduct of the petitioner as noted by this Court. The Superintendent of Police, District Deeg is directed to change the Investigation Officer and entrust the same to a competent officer for a fair and timely investigation of the case. 10. After passing of the above order, learned counsel for the petitioner prayed that the petitioner may be granted liberty to file a fresh bail application after framing of the charges. 11. In view of the prayer made above, the same is accepted. 12. Learned counsel for the petitioner is at liberty to file afresh after framing of the charges. [2026:RJ-JP:11882] (5 of 5) [CRLMB-16801/2025] 13. A copy of this order be sent to Superintendent of Police, District Deeg as well as Secretary, Medical Health, Government of Rajasthan. (RAVI CHIRANIA),J Dushyant/1