Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7987 of 2019 Applicant :- Amit Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that applicant has been falsely implicated on the pretext of his being staff of Om Shanti Nursing Home and co-accused Dr. Durgesh; that as per averments made in FIR lodged by Deputy Chief Medical Officer, Bheem Nagar/Sambhal upon information by Kiran Pal when he visited Om Shanti Nursing Home upon information of death of newly born child of Smt. Kamlesh Devi, the Medical Officer and staff failed to produce required registration from Medical Council and Dr. Durgesh and staff Amit and Farah are not duly qualified and registered; that applicant has no concern with above Om Shanti Nursing Home and was neither working there as Ward Boy or in any other capacity; that as per statement of Smt. Kamlesh and Kiran Pal, due care of newly born baby was not taken rather he was laid on floor and died on account of cold; that applicant neither laid baby of Kamlesh and Kiran Pal on floor nor had any business to do so; that the case of the applicant is distinguishable from co-accused Dr. Durgesh; that no offence under Sections 420, 304, IPC and Section 15(2), 15(3) Indian Medical Council Act is made out against the applicant; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 23.12.2018.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Amit be released on bail in Case Crime No. 422 of 2018, under Sections 420, 304, I.P.C. and Section 15(2), 15(3), Indian Medical Council Act, 1956, P.S. Rajpura, District Sambhal (Bheem Nagar), on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 25.2.2019 T. Sinha