Kishanpal Alias Krishnapal vs State of U.P.

The instant application has been filed seeking release of the applicant on bail in Case Crime No.389 of 2024, under Sections 125 (b), 318 (4), 105 BNS and 34(2) of National Medical Act Police Station Bisauli, District Budaun during pendency of the trial in the court below.

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Learned counsel for the applicant submitted that this is the second bail application filed by the applicant and his first bail application was dismissed vide order dated 06.05.2025 and he is pressing the second bail application on the ground that applicant is in jail for the last eleven months and his first bail application was dismissed after considering the fact that he is in jail only for last four months.

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He further submitted that as per allegations applicant conducted operation of the wife of the victim without qualification and due to that reason she died but admittedly in this case husband of the deceased did not lodge any complaint and during investigation of the present case when his statement was recorded by IO then he disclosed this fact.

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He further submitted apart from the present case applicant is not having any criminal history and he is in jail in the present matter since 26.12.2024 i.e. for eleven months.

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BAIL No. 37651 of 2025

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2

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Per contra, learned AGA vehemently opposed the prayer for bail and submitted that applicant without any qualification conducted operation of a lady due to which she died but he could not dispute the fact that applicant is in jail for the last eleven months and husband of deceased did not lodge any complaint against the applicant. He further could not dispute the fact that apart from the present case applicant is not having any criminal history.

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I have heard learned counsel for the parties and perused the record of the case.

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However, this is the second bail application filed on behalf of the applicant and his first bail application has already been dismissed after considering the fact that as per allegation without any qualification applicant conducted the operation of a lady due to which she died but from the order dated 06.05.2025 passed on the first bail application it reflects that while rejecting the first bail application of the applicant this Court also took notice of the fact that at that time applicant was in jail only since December, 2024 i.e. for last four months but now applicant is in jail for the last eleven months.

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Further as far as the facts of the case are concerned, husband of the deceased did not make any complaint against the applicant and when investigating officer was conducting investigation of the present case then husband of the deceased disclosed that applicant conducted operation of his wife due to which she died.

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Further applicant is not having any previous criminal history to his credit and in the present matter, he is in jail since 26.12.2024 i.e. for last eleven months.

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Further, law is settled that unless proven guilty an accused is deemed to be innocent and bail application should not be dismissed for punitive purposes.

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Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

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Let the applicant-Kishanpal @ Krishnapal, be released on bail in the

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BAIL No. 37651 of 2025

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3

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aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless her personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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November 25, 2025 Nadeem

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(Sameer Jain,J.)

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Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad

Kishanpal Alias Krishnapal v. State of U.P.

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Kishanpal Alias Krishnapal v. State of U.P.

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