Mahesh vs State of Uttarakhand

Sudhanshu Dhulia, J. (Oral)

Heard Mr. Kurban Ali, Advocate, for the applicant and Mr. Pramod Tiwari, Brief Holder, for the State of Uttarakhand.

The applicant is in jail having been implicated in Case Crime No.165 of 2017, which has been registered under Sections 279, 420 and 506 of IPC and

under Section 15 of the Indian Medical Council Act, 1956, at Police Station â€" Sitarganj, District- Udham Singh Nagar.

The allegation against the present applicant is that he was running a general store and though he had no authority to prescribe medicines but he used to

do that as a result of which a woman who consumed the medicine prescribed by the applicant died on account of kidney failure.

Considering the overall evidence, which is presently available before this Court and the fact that the applicant is in jail since 20.03.2018 who is 21

years of age, prima facie, the applicant has been able to make out a case for bail. The bail application is allowed accordingly.

Let the applicant be enlarged on bail in the aforesaid crime on his executing a personal bond and two reliable sureties each of the equal amount to the

satisfaction of the Magistrate/court concerned.

It is made clear that any observation made by this Court is only for the purpose of deciding the bail application.

It shall not be taken into consideration at all in any other proceedings.