Km. Punki v. State of U.P. and Another

Neutral Citation No. - 2023:AHC:203624

Court No. - 73

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11302 of 2023

Applicant :- Km. Pinki Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Kumar Pal Counsel for Opposite Party :- G.A.

Hon'ble Nalin Kumar Srivastava,J.

1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

1. Apprehending her arrest in Case Crime No.612 of 2023, under Sections 304, 419, 420 IPC and Section 15 (2) Indian Medical Council Act, Police Station Chandpur, District Bijnor, the present anticipatory bail application has been moved by the applicant - Km. Pinki seeking anticipatory bail.

1. A caesarean delivery of Smt. Omwati, the wife of the informant, was performed by the present applicant along with co-accused Dr. Sanjay Kumar and Dr. Harish Kumar in Anmol Health Care Centre, Chandpur, Bijnor, who died after giving birth to a girl child on 25.8.2023. F.I.R. was lodged and investigation started, which is going on.

1. It is submitted by the learned counsel for the applicant that the applicant is innocent and has no concern with the present matter. She has been falsely implicated in this matter. Allegations levelled against the applicant are false. Applicant's case is squarely covered under Section 438 Cr.P.C. It is further submitted that the applicant is only a nurse in the Anmol Health Care Centre. She did not perform any caesarean operation of the deceased and the surgery, if any, was performed by Doctors of the aforesaid Health Care Centre. It is further submitted that the applicant has absolutely no role in the commission of the alleged crime. She is having a certificate of registration issued by the Medical - Tech Education & Research Council of India for having a diploma in Community Medical Services & Essential Drugs. She was a competent nurse and never engaged in any kind of surgery. She has been cooperative during investigation so far and as such she is entitled for anticipatory bail.