Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8569 of 2019 Applicant :- Dr. Durgesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ranjeet Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated; that as per averments made in F.I.R. applicant was unauthorisedly running Om Shanti Nursing Home despite having no requisite qualification as Medical Officer and due to carelessness on the part of applicant and co- accused persons newly born child of first informant and one more newly born child died; that applicant had no concern with Om Shanti Nursing Home which is registered in the name of Dr. Sanjeev Kumar Mishra, registration certificate is at Annexure-8; that applicant had obtained Diploma in Lab Technician from L.L.R.M. Medical College, Meerut in 2017 vide Diploma Certificate at Annexure-9; that applicant did not conduct any delivery of Smt. Pooja or any other person in Om Shanti Nursing Home and may not be held liable for death of newly born children due to alleged carelessness and negligence on the part of applicant; that no offence under Sections 420, 304 I.P.C. and Section 15(2) & 15(3) of Indian Medical Council Act is made out against applicant; that co-accused Amit has been granted bail by this Court vide order dated 25.2.2019 passed in Criminal Misc. Bail Application No.7987 of 2019; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 22.12.2018.
Learned A.G.A. vehemently opposed prayer of bail.
Upon hearing learned counsel and perusal of record and considering complicity of accused, severity of punishment; grant of bail to co-accused 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 applicant Dr. Durgesh be released on bail in Case Crime No.422 of 2018, under Sections 420, 304 I.P.C. and Section 15(2) & 15(3) of Indian Medical Council Act, P.S. Rajpura, District Sambhal, on furnishing a personal bond and two sureties each in the like amount to satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with 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 :- 27.2.2019 Kpy