HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 39813 of 2025 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Shri Pradeep Kumar, learned counsel for the applicant, Shri Sudhanshu Kumar Mishra, learned counsel for the first informant and Shri B.P. Singh, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 21 of 2025, under Section 105 of B.N.S., Police Station Baburi, District Chandauli, during the pendency of the trial. 3. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case though there is no incriminating material against him. It is further submitted that the applicant has been languishing in jail since 06.10.2025 and from the allegations of the first information report, no case under Section 105 BNSS is made out against the applicant and the maximum punishment, which can be imposed on conviction under Section 106 BNS is five years. It is further submitted that as per first information report, the applicant is said to have performed a surgery on the daughter of the first informant without having a valid qualification and the daughter of the first informant died during performance of the said surgery. It is further submitted that an intention to cause the death of the deceased from the above act cannot be gathered. It is further submitted that the applicant is having no criminal history and the applicant has been languishing in jail since 06.10.2025, in case, she is Versus Counsel for Applicant(s) : Akshay Kumar Shukla, Prabhat Kumar Mishra, Pradeep Kumar, Saurabh Singh Counsel for Opposite Party(s) : G.A., Shikha Srivastava, Sudhanshu Kumar Mishra Reema Devi .....Applicant(s) State of U.P. .....Opposite Party(s) granted bail, she will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Per contra, learned counsel for the first informant and learned A.G.A. have vehemently opposed the prayer for bail and it has been submitted by them that the applicant was not having a valid and requisite qualification for performing the surgery of the deceased, however, despite knowing the said fact, she performed the surgery, as a result of which, the patient died. 5. As per first information report, the applicant is said to have performed a surgery on the daughter of the first informant without having valid and requisite qualification, the patient died during performance of the said surgery. It is further submitted that an intention to cause the death of the deceased from the above act cannot be gathered and as per allegations of the first information report, no case under Section 105 BNSS is made out against the applicant and the maximum punishment, which can be imposed on conviction under Section 106 BNS is five years. It is further submitted that the applicant is having no criminal history and the applicant has been languishing in jail since 06.10.2025. 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of the accused and taking into account overcrowded jails and heavy pendency of criminal cases before the trial courts as well as considering the mandate of the judgement of the Apex Court in the case of Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC OnLine SC 3038 as well as guideline of this Court in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC Online All 6765 regarding grant of bail and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 7. Accordingly, the present application is ALLOWED. 8. Let the applicant- Reema Devi involved in the aforementioned crime be released on bail, on her furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with BAIL No. 39813 of 2025 2 the following conditions:- (i) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (ii) The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. (iv) The applicant shall attend in accordance with the conditions of the bond executed by him. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Verification of mobile number and Aadhaar card of the applicant as well as sureties should be verified by the court concerned. 11. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. 12. Office is directed to send a copy of this order to the applicant through Jail Superintendent, Chandauli via e-mail or e-prison portal within 24 hours in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685. September 23, 2026 RKM BAIL No. 39813 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad