Ramadhar v. State of U.P.
Case brief
What is this about?
Application for bail under Sections 419, 420 IPC and Section 15(2) Indian Medical Council Act rejected at this stage. Court held no good ground for bail without decision on merits.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5546 of 2019
Applicant :- Ramadhar Opposite Party :- State Of U.P. Counsel for Applicant :- Janardan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
By way of the instant application, the applicant seeks bail in Case Crime No.4 of 2019 under Sections 419, 420 I.P.C., and 15(2) Indian Medical Council Act, Police Station Patherwa, District Kushinagar.
It has been contended by the learned counsel for the applicant that no offence has been committed by the applicant. The hospital in question is registered in the name of Dr. Mohd. Farooq Khan. No illegality has been committed by the applicant. The patients are operated by the duly qualified doctors. Dr. Mohd. Farooq Khan has himself operated the patient/victim Poonam Sharma. The applicant happens to be manager of the hospital in question. The allegations made in the first information report is baseless and the applicant is innocent and has been falsely implicated in this case.
Per contra, learned A.G.A. has submitted that in this case, raid was conducted by the Joint Magistrate along with others officials. After search, it transpired that the applicant was involved in operating victim/patient Poonam Sharma without possessing any valid degree. After due deliberation, Dr. Mohd. Farooq Khan was not found inside or outside the hospital at the time of raid and no qualified doctor was produced by the applicant who could have operated upon the victim/patient Poonam Sharma. The victim/patient Poonam Sharma has stated herself in her
Issues for consideration
3 issues framed by the court
Whether the applicant has made out any good ground for bail at this stage.
Whether allegations of operating a patient without a valid degree establish prima facie offence attracting restrictions on bail.
Whether false implication warrants release on bail pending trial in a medical negligence case of this nature.
Parties & counsel
- applicant
Ramadhar
Coram
Arvind Kumar Mishra
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/5546/2019
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