Allahabad High Court
REEMA DEVIversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to bail.
Summary
Reema Devi was arrested under Section 105 of the B.N.S. for allegedly performing surgery on the daughter of the first informant without valid qualifications, resulting in the patient's death. The applicant contended that there was no incriminating material, no intent to cause death, and she had no prior criminal record, having been detained since 6 October 2025. The State argued that the unqualified surgery leading to death warranted denial of bail. The court, considering the nature of the offence, lack of evidence of intent, the applicant's clean record, jail overcrowding, and Supreme Court guidelines on bail, granted bail without expressing an opinion on the merits. The order released the applicant on personal bond with two sureties and imposed standard bail conditions.
Issues considered
- Whether bail should be granted in a case of alleged unqualified medical surgery resulting in death under Section 105 B.N.S.
- Whether the absence of incriminating material and lack of prior criminal history justify bail despite the death of the patient
- Whether Supreme Court guidelines on bail and jail overcrowding apply to this bail application
Legislation cited
- B.N.S. — s. 105, 106
Subjects
- bail
- medical negligence
- Section 105 B.N.S.
- criminal procedure
- jail overcrowding
- Supreme Court guidelines
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 39813 of 2025
Reema Devi
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Akshay Kumar Shukla, Prabhat Kumar
Mishra, Pradeep Kumar, Saurabh Singh
Counsel for Opposite Party(s) : G.A., Shikha Srivastava, Sudhanshu
Kumar Mishra
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Pradeep Kumar, learned counsel for the applicant, Shri
Sudhanshu Kumar Mishra, learned counsel for the first informant and
Shri B.P. Singh, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 21 of 2025, under Section 105 of
B.N.S., Police Station Baburi, District Chandauli, during the pendency of
the trial.
3. Learned counsel for the applicant has submitted that the applicant has
been falsely implicated in the present case though there is no
incriminating material against him. It is further submitted that the applicant
has been languishing in jail since 06.10.2025 and from the allegations of
the first information report, no case under Section 105 BNSS is made out
against the applicant and the maximum punishment, which can be imposed
on conviction under Section 106 BNS is five years. It is further submitted
that as per first information report, the applicant is said to have performed a
surgery on the daughter of the first informant without having a valid
qualification and the daughter of the first informant died during performance
of the said surgery. It is further submitted that an intention to cause the death
of the deceased from the above act cannot be gathered. It is further
submitted that the applicant is having no criminal history and the
applicant has been languishing in jail since 06.10.2025, in case, she is
BAIL No. 39813 of 2025
2
granted bail, she will not misuse the liberty of bail and would cooperate in
the trial proceedings.
4. Per contra, learned counsel for the first informant and learned A.G.A.
have vehemently opposed the prayer for bail and it has been submitted by
them that the applicant was not having a valid and requisite qualification
for performing the surgery of the deceased, however, despite knowing the
said fact, she performed the surgery, as a result of which, the patient
died.
5. As per first information report, the applicant is said to have performed
a surgery on the daughter of the first informant without having valid and
requisite qualification, the patient died during performance of the said
surgery. It is further submitted that an intention to cause the death of the
deceased from the above act cannot be gathered and as per allegations of the
first information report, no case under Section 105 BNSS is made out
against the applicant and the maximum punishment, which can be imposed
on conviction under Section 106 BNS is five years. It is further submitted
that the applicant is having no criminal history and the applicant has been
languishing in jail since 06.10.2025.
6. Considering the entire facts and circumstances of the case, submissions
of learned counsel for the parties and keeping in view the nature of
offence, evidence, complicity of the accused and taking into account
overcrowded jails and heavy pendency of criminal cases before the trial
courts as well as considering the mandate of the judgement of the Apex
Court in the case of Kapil Wadhawan vs Central Bureau of Investigation
reported in 2025 SCC OnLine SC 3038 as well as guideline of this Court
in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC
Online All 6765 regarding grant of bail and without expressing any
opinion on the merits of the case, I am of the opinion that the applicant is
entitled to be enlarged on bail.
7. Accordingly, the present application is ALLOWED.
8. Let the applicant- Reema Devi involved in the aforementioned crime
be released on bail, on her furnishing a personal bond and two sureties
each in the like amount, to the satisfaction of the court concerned, with
BAIL No. 39813 of 2025
3
the following conditions:-
(i) The applicant shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of the case so as
to dissuade him from disclosing such facts to the Court or to any police
officer or tamper with the evidence.
(ii) The applicant shall cooperate in the trial/investigation sincerely
without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or
commission of any crime after being released on bail.
(iv) The applicant shall attend in accordance with the conditions of the
bond executed by him.
9. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
10. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
Verification of mobile number and Aadhaar card of the applicant as well
as sureties should be verified by the court concerned.
11. It is further directed that the trial court shall send the release order to
the concerned jail through Bail Order Management System (BOMS) to
ensure early release of the applicant.
12. Office is directed to send a copy of this order to the applicant through
Jail Superintendent, Chandauli via e-mail or e-prison portal within 24
hours in compliance of the order of the Apex Court in the case of Policy
Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4
of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685.
(Jitendra Kumar Sinha,J.)
September 23, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
Checking your session…