MCRC/27002/2017 of SUBRAT @ SUBROT MALIK Vs THE STATE OF MADHYA PRADESH on 28 December 2017

M.Cr.C.No.27002/2017

28/12/2017

Shri R.R.Bhatnagar, learned counsel for theapplicant.

Shri Aditya Garg, learned counsel for theRespondent/State.

Heard on the question of grant of bail.

This is the first application made by the applicant(accused) under Section 439 Cr.P.C. for grant of bail duringtrial.

The applicant is in custody since 4/12/2017 for theoffence punishable under Section 420 of the IPC andSec.24 of M.P. Ayurvighyan Adhiniyam, 1987 registeredwith Police Station Sarwan, District Ratlam in CrimeNo.263/2017.

As per prosecution story, the applicant is not havingthe degree to give allopathy medicine, but he is runningclinic and giving treatment to the innocent public.

Learned counsel for applicant submits that he ishaving an RMS diploma and he is only advising thepatients and not giving the treatment to them. He has beenfalsely implicated. The investigation has been completedand the challan has been filed.

Shri Garg, learned counsel for State opposes the bailapplication.

Case diary perused.

On perusal of the case diary and considering thecircumstances of the case, I find prima facie force in thesubmissions made by the counsel for applicant. Hence Iam of the considered view that the application for grant of bail deserves to be allowed and is accordingly allowed.

The applicant is directed to be released on bail uponhis furnishing a personal bond in the sum of Rs.40,000/-(Rupees forty thousand) with one surety in the likeamount to the satisfaction of the Trial Court for hisappearance as and when directed and also with thecondition that the applicant shall not practice in allopathyand if he is found practising allopathy, the bail would becancelled by this court.

Certified copy as per rules.

(VIVEK RUSIA) Vacation Judge

Varghese MathewDigitally signed by Varghese Mathew DN: c=IN, o=High Court of Madhya Pradesh, ou=Administration, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=b06e85e8115fd7cc0bb34a0888d1d430f979382d4c898692d55d8dbb4d9b937e, cn=Varghese Mathew Date: 2018.01.19 17:53:05 +05'30'