Kanak Shukla @ Kanak Lata Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Neutral Citation No. - 2024:AHC-LKO:63058

Court No. - 14

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2111 of 2024

Applicant :- Kanak Shukla @ Kanak Lata Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another

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Counsel for Applicant :- Vikas Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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1. The present anticipatory bail application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in case crime No.457 of 2023 under sections 304 I.P.C., 15(2), 15(3) Indian Medical Council Act, P.S. Shahabad, district Hardoi.

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2. Heard learned counsel for the applicant and learned Additional Government Advocate for the State.Notice to respondent No.2 is dispensed with in view of the proposed order.

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3. It is alleged in the prosecution case that after enquiry to the complaint letter addressed to the Chief Minister on 12.9.2023 at 4.00p.m., a joint team of government doctors conducted inspection of the alleged hospital where it was found that both the accused ladies without any medical degree are indulged in delivery of babies.

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4. From the enquity conducted by Dy Chief Medical Officer Dr. Pankaj Mishra, prima facie commission of offence is made out by the applicant who is not a registered medical practitioner and due to that an unborn child died in the womb of his mother. It cannot be said that it is a case of false implication.

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5.Considering the gravity of offence and complicity of the applicant, no case for indulgence in this application under section 438 CrPC is made out.

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6.The application is rejected.

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Order Date :- 12.9.2024 kkb/

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Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench

Kanak Shukla @ Kanak Lata v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

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Kanak Shukla @ Kanak Lata v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

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