Research › Search › Judgment

Allahabad High Court · body

2026 DAILYLAW 608 (ALL)

SARASWATI DEVI v. STATE OF U.P.

BAIL/9343/2026 · 2026-03-18

Vivek Varma

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 9343 of 2026 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant, Sri N.K. Sharma, learned A.G.A. 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. 119 of 2025, under Section 105 B.N.S., and section 15(2)(B) of Indian Medical Council Act, Police Station- Sahatwar, District- Ballia during pendency of the trial. 3. Counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the present case. The name of the applicant was disclosed by father-in-law of the deceased after ten days of the alleged incident. The only role assigned to the applicant is of advising the father-in-law of the deceased to avail treatment at Adarsh Sewa Sadan, Sahatwar, Bareilly. The first information report has been lodged after due inquiry by the Chief Medical Officer. The applicant has no concern with the alleged hospital. The operation and treatment was provided by the named co-accused. At this stage, there is no corroborative evidence to link the applicant with the offence. The applicant is a lady and is in jail since 25.1.2026 having no criminal history. In case she is enlarged on bail, she will not misuse the said liberty. 4. Learned A.G.A. for the State has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, this Versus Counsel for Applicant(s) : Ajeet Kumar Singh Counsel for Opposite Party(s) : G.A. Saraswati Devi .....Applicant(s) State of U.P. .....Opposite Party(s) Court prima facie finds that the name of the applicant was disclosed by father-in-law of the deceased after ten days of the alleged incident. The only role assigned to the applicant is of advising the father-in-law of the deceased to avail treatment at Adarsh Sewa Sadan, Sahatwar, Bareilly. The first information report has been lodged after due inquiry by the Chief Medical Officer. The operation and treatment was provided by the named co-accused. 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 one month 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, Saraswati involved in the aforesaid case be released on bail on her 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. March 19, 2026 S.S. BAIL No. 9343 of 2026 2 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad