Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30541 of 2019 Applicant :- Neetu Kumari Opposite Party :- State Of U.P.
Counsel for Applicant :- Sonu Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri S.K. Tiwari, learned counsel for the applicant, Sri A.R. Chaurasia, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that the applicant was employed at Trauma Centre where the deceased, who was pregnant, was admitted. The arrest of the doctor, namely, Arif Rasool Ansari, who had operated the deceased, has already been stayed by this Court vide order dated 1.3.2019 passed in Crl. Misc. Writ Petition No. 5737 of 2019 copy of which has been produced by learned counsel for the applicant which is taken on record. He further submits that so far as co- accused Manish Raghav, who was also working as Compounder at the said hospital where the deceased died, is concerned, he has already been granted bail by the Co-ordinate Bench of this Court in Crl. Misc. Bail Application No. 34916 of 2018 on 22.5.2019. The applicant was also present at the time of surgery of the deceased. The deceased died on account of complication in her pregnancy though her child survive. The applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail..
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant Neetu Kumari involved in Case Crime No. 12 of 2018 under sections 304 I.P.C. and 15 (3) Indian Medical Council Act, police station Atrauli, District Aligarh, she shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court on her furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(i) the applicant shall make herself available for interrogation by a police office as and when required;
(ii) 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 her from disclosing such facts to the Court or to any police office;
(iii) the applicant shall not leave India without the previous permission of the Court and if she has passport the same shall be deposited by him before the S.S.P./S.P. concerned.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicant is directed to produce a certified copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
Order Date :- 30.7.2019 Shiraz