Allahabad High Court
DR KAMRANversusSTATE OF U.P.
- Decided
Holding
The Court held that the applicant is entitled to bail.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Dr. Kamran, who is charged under several provisions of the Indian Medical Council Act for operating an unregistered physiotherapy centre. The FIR alleges the violation but no complaint of actual harm is recorded. Dr. Kamran had been in custody since 23 December 2025 and argued that the prolonged trial pendency and his willingness to comply with conditions warranted bail. The State opposed the bail, but the Court, after reviewing the facts and without commenting on the merits, found the case suitable for bail. Accordingly, the Court granted bail subject to a personal bond of Rs. 50,000 with two sureties and specific conditions to prevent tampering with evidence or intimidation of witnesses.
Issues considered
- Whether bail should be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for alleged violation of registration requirements under the Indian Medical Council Act.
- Whether the nature of the alleged offence and the absence of any complaint of harm justify the grant of bail.
- Whether the conditions imposed are sufficient to safeguard the trial process.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Indian Medical Council Act — s. 318(4), 336(3), 338, 340(2) BNS, 34(2)
Subjects
- bail
- criminal procedure
- unregistered medical practice
- Indian Medical Council Act
- Bharatiya Nagarik Suraksha Sanhita
- trial pendency
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 6098 of 2026
Dr Kamran
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Arvind Kumar, Mohammad Farooque Ansari
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Mohammad Farooque Ansari, learned counsel for the applicant, Sri B.P.
Maurya, learned AGA for the State-respondents and perused the record.
2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023, has been filed on behalf of applicant with a prayer to release him on
bail in Case Crime No. 738 of 2025 under Sections 318(4), 338, 336(3), 340(2) BNS
and 34(2) of Indian Medical Council Act, registered at Police Station Quarsi, District
Aligarh during pendency of the trial.
3. It has been argued by learned counsel for the applicant that as per the FIR, it is
alleged that applicant was running a physiotherapy center without proper registration
in the CMO office, however, no one has complained regarding any harm from the
above act. It is further submitted that applicant is languishing in jail since 23.12.2025
and he undertakes that he will not misuse the liberty, if granted. It has also been
pointed out that in the wake of heavy pendency of cases in the Court, there is no
likelihood of any early conclusion of trial.
4. On the other hand, learned A.G.A. has opposed the prayer for grant of bail to the
applicant.
5. As per allegations in the FIR, applicant was found running a physiotherapy center
without registration in the CMO office.
6. Upon considering the totality of facts, nature and the evidence reflected from record
and without expressing any opinion on merits of the case, I find it to be a fit case for
bail. Hence, the present bail application is ALLOWED.
7. Let the applicant Dr. Kamran involved in the aforesaid case crime be released on
bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the
like amount to the satisfaction of the Court concerned with the following conditions :-
BAIL No. 6098 of 2026
2
(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 not pressurize/intimidate the prosecution witnesses.
(iii) The applicant shall remain present, in person, before the trial court on the dates
fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement
under Section 351 of B.N.S.S.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any
adjournment on the dates fixed for evidence when the witnesses are present in the trial
court.
(v) The applicant shall remain present before the trial court on each date fixed, either
personally or through his counsel.
8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
9. It is clarified that anything said in this order is limited to the purpose of
determination of this bail application and will in no way be construed as an expression
on the merits of the case. The trial court shall be absolutely free to arrive at its
independent conclusions on the basis of evidence led unaffected by anything said in
this order.
May 6, 2026
Madhurima
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad
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