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Judgment
Hon''ble Prafulla C. Pant, J.—Applicant- Dr. Naveen Bansal who is in jail in connection with criminal complaint case no. 1475 of 2005, relating to offences punishable u/s 18(a)(i), 18(a)(vi), 18(c) & 27 of Drugs and Cosmetics Act, 1940, Police Station Kotwali Gangnahar, Roorkee, District Hardwar, has sought his release on bail.
Heard learned counsel for the parties.
The applicant is a medical practitioner who holds Post Graduate Degree of Doctor of Medicine (M.D.). It is alleged that he was found running blood bank without license.
Learned counsel for the applicant drew attention of this Court to para 12 and 13 of the affidavit filed with the bail application and pleaded that act of the applicant was bona fide. Para 12 and 13 are being reproduced below:
That the patient Salekh Chand who was posted as police constable in Noida, U.P., and who was ill for past two months and lived admitted in the Civil Hospital Roorkee for 12 days but could not be cured by the Doctors of Civil Hospital Roorkee, and on 21.03.2005, was referred for Chandigarh by the doctors of Civil Hospital Roorkee, came to the hospital of the applicant on 23.03.2005. The applicant admitted the patient Salekh Chandra in his hospital. The condition of patient was not good. He was having Yellowish Sclera for two months and bleeding from rectum for two months besides other problems. The Hemoglobin of the patient was too less. Smt. Somwati from whom the blood is said to have been drawn is the wife of the patient Salekh Chand.
13 That though the patient Salekh Chandra was seriously ill before coming to the hospital of the applicant and his life was in danger, yet the applicant got success in saving his life.
It is further contended that applicant was not running any blood bank.
In the above circumstances, without expressing any opinion as to final merits of the case, this court is of the view that applicant deserves bail.
The bail application is allowed. Let applicant Dr. Naveen Bansal be released on bail on executing personal bond, and furnishing two sureties each of the like amount to the satisfaction of Magistrate concerned.