Kishori Lal v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2826 of 2023 Applicant :- Kishori Lal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. Counsel for Applicant :- Anil Kumar Nishad Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Anil Kumar Nishad, the learned counsel for the applicant as well as Sri Abhishek Kumar Singh, the learned State Counsel appearing on behalf of the State and perused the records.

¶2The instant application has been filed by the applicant seeking anticipatory bail in Case Crime No. 154 of 2019, under Sections 325, 326 IPC, Section 15(3) Indian Medical Council Act, 1956, Police Station Ekauna, District Srawasti.

¶3The aforesaid case has been registered on the basis of an FIR lodged on

20.06.2019 alleging that the applicant is a doctor and he had administered some injection in the hand of the informant's nephew due to which his condition got worsen and ultimately his had had to be amputated.

¶4In the affidavit filed in support of the application it has been stated that the applicant is 64 years innocent person having no criminal history and he has been falsely implicated in the present case.

¶5Having considered the facts and circumstances of the case and keeping in view the fact that the applicant had treated the victim as a doctor whereas he is neither qualified nor is registered with Medical Council of India and he is not authorized to treat persons and administer injection to them and the aforesaid act of the applicant has resulted in a child loosing his hand, I am of the view that the applicant does not deserve to be granted discretion of this court by granting pre-arrest bail to him.

¶6The anticipatory bail application is rejected accordingly. Order Date :- 8.12.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench