Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22719 of 2019 Applicant :- Dr. Umesh Kumar Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Upendra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Mayank Mishra (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged against four accused persons, namely Madhuri Gaud, Dr. U.K. Singh, Nurse, staff of Mamta Hospital alleging that on 3.4.2019 due to wrong treatment and operation, Seema Patel (wife of complainant) was died at the time of delivery.
It is submitted by learned counsel for the applicants that co- accused, namely, Usha Bhardwaj and Madhuri Gaud have already been granted bail by trial Court. The applicant is innocent and has been falsely implicated in the present case. There was neither intention to kill the deceased nor he had knowledge about death, it is mere accident. Offences levelled against the applicants are not attracted in the present case. He is languishing in jail since 4.4.2019 (one and half months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Dr. Umesh Kumar Singh involved in Case Crime No. 208 of 2019, under Sections 120-B, 304, 420 IPC and Section 37, 38, 39 of Clinical Stablishment Act, 2010, Police Station Kotwali, District Ghazipur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 30.5.2019 OP