Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18965 of 2021 Applicant :- Saheen Opposite Party :- State of U.P.
Counsel for Applicant :- Syed Imran Ibrahim,Praveen Kumar Singh,Vikas Srivastava,Vineet Vikram Counsel for Opposite Party :- G.A.,Pankaj,Ved Prakash Mishra
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 24 of 2021 under Sections 304 IPC and Section 15(3) of Medical Council Act, Police Station - Chauri, District - Bhadohi with the prayer to enlarge the applicant on bail.
The First Information Report of this incident was lodged by the complainant and it was alleged in the FIR that delivery of the wife of complainant was due on 4.3.2021 and for that purpose the complainant got admitted his wife to the Pooja Chikitsalaya and the present accused was working as Aya in that hospital. It was also mentioned in the FIR that due to the negligence, the new born baby died and the wife of the complainant also suffered grievous injury and pain in this process of delivery.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and she has been falsely implicated in the present case. It is submitted that the present accused is a lady and she was not having any ill-will or bad intention to cause harm to the wife of the complainant or her child. It is also submitted that in case of being released from jail, she will cooperate with the trial and will not do any tampering with the prosecution witnesses. Lastly, it is argued that the applicant is in jail since 05.03.2021 and that in case applicant is enlarged on bail, she will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail. The learned counsel appearing on behalf of the complainant also opposes the bail plea of the applicant and it is submitted that gross negligence was committed by the present accused and due to her negligent act the new born baby of the complainant had died and wife of the complainant had also suffered mental and physical agony.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case and also considering that the present accused is a lady, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant Saheen involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law;
(2). The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of his absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code;
(3). In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court may initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of her bail and proceed against her in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 28.7.2021 LBY