Criminal Appeal challenging an order granting bail was dismissed. The court found no good grounds to enlarge the appellant on bail in an SC/ST atrocity case involving alleged medical negligence resulting in death.
The criminal appeal challenging the bail order is dismissed and the bail order stands confirmed.
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Court No. - 2
Case :- CRIMINAL APPEAL No. - 2256 of 2020
Appellant :- Sandip Respondent :- State of U.P. and Another Counsel for Appellant :- Rajeev Kumar Singh Parmar Counsel for Respondent :- G.A.,Amitrana
Hon'ble Suneet Kumar,J.
As per office report, notice upon the informant has been duly served.
Heard learned counsel for appellant and learned Additional Government Advocate for the State-respondent.
This criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, has been filed challenging the order dated 3.7.2020, passed by the Special Judge, SC/ST Act, District Farrukhabad, in Case Crime No. 1154 of 2019, under Sections304, 504, 120B, 193, 177, 181 I.P.C. and 3(1)gha, 3(2)5, 3(2)6 of SC/ST Act, P.S. Kotwali Farrukhabad, District Farrukhabad, seeking bail in the aforesaid sections.
I have perused the impugned order with the assistance of learned counsel for the appellant.
As per prosecution case, allegation against the appellant is that he is not a qualified practitioner; it is alleged that he operated the wife of the complainant, subsequently, she died; the evidence brought on record shows that the alleged surgeon was not available on the spot, rather, his location is somewhere else; the doctor has filed an affidavit before the police official stating that he has not operated; complainant identified the appellant of taking the alleged operation.
Learned Additional Government Advocate opposed the prayer for bail and submits that it would not be in the interest of justice in case the appellant is enlarged on bail.
Considering the facts and circumstances of the case, I find no good ground to enlarge the appellant on bail.
The criminal appeal is dismissed.
Order Date :- 21.10.2020 Mukesh Kr.
Digitally signed by Justice Suneet Kumar Date: 2020.11.10 16:15:50 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether a criminal appeal challenging bail grant in an SC/ST atrocity case should be allowed.
Whether the appellant would be a fit and proper person to be released on bail.
3 provisions across 2 enactments
Sandip
State of U.P.
Suneet Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
