Allauddin Ansari Vs the State of Jharkhand

The petitioner has been made an accused in connection with Rehla P.S. Case No. 07 of 2024, registered for the offence under Section 304/34 of the Indian Penal Code, pending in the court of learned Chief Judicial Magistrate, Palamau at Daltonganj.

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As per FIR, allegation is that informant’s got admitted her wife in J.P. Nursing Home where he was advised for operation. The informant deposited Rs. 50,000/- in the hospital and after operation he was discharged on 05.11.2023. The condition of her wife was critical and was removed to Daltonganj and during the way at Satbarwa his wife died.

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Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence at all as alleged in the FIR. It is submitted that petitioner’s wife runs a nursing home in which a pregnant lady was admitted but in the course of treatment the lady and newly born baby died due to negligence on the part of the doctor. It is submitted that petitioner has no concerned with the alleged death of the victim and he never indulge in any operation for providing medical. It is further submitted that other Co-accused, namely, Dr. Sabila Parween @ Sabila Parween has been granted regular bail by the Co-ordinate Bench of this Court in B.A. No. 2910 of 2024 vide order dated 06.05.2024.

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The petitioner is languishing in Judicial custody since 15.02.2024 without any rhymes and reasons. Petitioner undertakes to co-operate in the trial of the case by remaining physically present as and when required and shall not indulge in any manner in tampering with the prosecution evidences or influencing the witnesses of prosecution, hence, the petitioner may be enlarged on bail.

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Learned A.P.P appearing on behalf of State has opposed the prayer for bail of the petitioner and submitted that there are sufficient materials against the petitioner showing his involvement in the present case, hence he does not deserve bail.

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Regard being had to the facts and circumstances of the case and nature of allegation coupled with materials available against petitioner, I am inclined to release the petitioner, on bail. Accordingly, the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs. 20,000/-(Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Palamau at Daltonganj in connection with Rehla P.S. Case No. 07 of 2024 subject to the conditions:-

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(1) Petitioner shall remain physically present on each and every

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date till the conclusion of the trial of this case unless prevented from sufficient cause to the satisfaction of the learned trial court.

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(2) Petitioner shall not indulge in any or other similar offence

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till the conclusion of the trial.

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(3) Petitioner shall not indulge in tampering with the

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prosecution evidences or influencing the prosecution witnesses.

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In case of violation of the aforesaid condition the bail of the petitioner shall be cancelled and shall be taken into custody by the learned trial court itself.

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(Pradeep Kumar Srivastava, J.)

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R.K/

Allauddin Ansari v. the State of Jharkhand

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Allauddin Ansari v. the State of Jharkhand

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