Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33621 of 2018 Applicant :- Dr. Jagdish Prasad Daksh Opposite Party :- State Of U.P.
Counsel for Applicant :- Arvind Agrawal Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
As per the prosecution case, the deceased went to the applicant for treatment of her pregnancy; applicant ensured that his wife is also a doctor; the applicant assisted in the abortion of the fetus, thereafter, deceased succumbed to the alleged medical treatment rendered by the applicant.
Learned counsel for the applicant submits that the wife of the applicant has been enlarged on bail; applicant is languishing in jail since 25.2.2018, hence, the applicant may be released on bail.
Learned A.G.A. has vehemently opposed the prayer for bail contending that the applicant is a quack allegedly to be registered with India Board of Alternative Medicine; applicant was not competent nor medically qualified to treat the deceased; it is not in public interest to enlarge the applicant on bail at this stage.
Without expressing any opinion on the merits of the case and considering the submission advanced, I find no good ground for grant of bail to the applicant Dr. Jagdish Prasad Daksh involved in Case Crime No. 0136 of 2018, under Sections 304/34 IPC, P.S. Rasoolpur, District Firozabad.
Accordingly, the bail application is rejected.
However, the trial court is further directed to expedite the trial of the aforesaid case and conclude the same expeditiously on day to day basis from the date of production of a certified copy of this order.
The Registrar General of this Court is directed to send a copy of this order to the learned trial court for compliance.
Order Date :- 5.9.2018 S.Prakash