Allowed

Ramadhar and Another v. State of U.P. and Another

Allahabad HC30 Jan 2023ABAIL/11522/2022

Case brief

AI extract

What is this about?

The Allahabad High Court granted anticipatory bail to two applicants facing charges for treating patients without a degree. The court relied on Sushila Aggarwal and imposed conditions regarding appearance and non-interference with witnesses.

What did the court decide?

Anticipatory bail granted till the submission of police report under Section 173(2) Cr.P.C. on personal bond of Rs. 25,000/- with two sureties each.

Ramadhar and Another Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2023)

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Court No. - 80

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11522 of 2022

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Applicant :- Ramadhar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Kumar Tiwari,Rabindra Tiwari

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Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the applicants, learned AGA for the State and perused the material placed on record.

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This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 741 of 2022, under sections 419, 420 IPC and Section 15(3) Indian Medical Council Act, Police Station- Pooranpur, District- Pilibhit.

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Facts in brief are that in this case, applicants are said to have made treatment of patient without holding any degree.

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It is submitted by learned counsel for the applicants that they are innocent and have been falsely implicated in this case on account of political rivalry. In this case, applicants are father and son. Offence which are said to be committed by these applicants are punishable with sentence less than seven years. There is no evidence on record to show that these applicants committed the offences as alleged. Lastly, it is submitted that investigation is going on, therefore, they are under apprehension of imminent arrest. In case, they are released on bail, they would not misuse the liberty of bail and would cooperate with the investigation.

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Learned AGA has opposed the prayer for anticipatory bail.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the applicants as well as learned A.G.A., the perusal of record and without commenting on the merits of the case, the applicants are entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98.

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In the event of arrest of the applicants- Ramadhar and Kamlesh Kumar, shall be released on anticipatory bail till the

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submission of police report, if any, under section 173 (2) Cr.P.C., on 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:-

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(i) The applicants shall make themselves available for interrogation by a police office as and when required;

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(ii) The applicants 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 from disclosing such facts to the Court or to any police office;

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(iii) The applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the S.S.P./S.P. concerned.

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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 applicants.

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Order Date :- 30.1.2023 A. Singh

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Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad

Ramadhar and Another v. State of U.P. and Another

Case brief

What is this about?

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Ramadhar and Another v. State of U.P. and Another

Case brief

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