1 MHNS010047912022 Order below Exh. 1 in Criminal Bail Application No. 1110/2022.

1.This is an application for anticipatory bail under section 438 of Cr.P.C. in C.R.No.I­209/2022 registered against applicant Junaid Babasab Pirjade at Mumbai Naka Police Station for the offence punishable under section 4 of the Maharashtra Medicare Services Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss to Property) Act, 2010.

2.In short it is the case of the prosecution that on 30.08.2022 at about 10.30 when wife of accused no. 1 was admitted in the hospital at that time there was bill of Rs.30,000/­ and medical bill of Rs.19,845/­.

Accused persons came in the cabin and put blame on him that without asking him medicine were administered and excessive bill has been leveled and talking to him in loud voice and came on his person as well as told him that he will see him and threaten that he will come with the persons of the hospital and created chaos. Hence, this complaint.

3.It is submitted by the applicant that he has been falsely implicated in the present crime. The entire incident is imaginary. Name of the applicant is not recorded in the FIR. There is delay in lodging the complaint of which no reason has been stated. Nothing has to be recovered from the applicant due to which physical custody of applicant is not necessary. There are no criminal antecedents. Co­accused are released on the same day. He is ready to abide by the terms and conditions. Hence, prayed that pre­arrest bail application be granted.

4.Say was called of the investigating officer. He has objected this application on the count that, offence is serious in nature. Applicant has threatened the Doctor. Accused was absconded since the offence.

Accused is threaten the complainant and witnesses if he is released on bail and abscond permanently. Investigation is in progress. Hence, prayed that application be rejected.

5.Heard Ld. Advocate for the applicant and Ld. APP for the State. On perusing the FIR it is seen that wife of accused no. 1 was admitted in the hospital. She was treated and bill of Rs.30,000/­ and medical bill of Rs.19,845/­. Husband and sister­in­law of the patient and one person by name Arjun three of them came in the cabin and put blame on him that without asking him medicine were administered and excessive bill has been leveled and talking to him in loud voice and came on his person as well as told him that he will see him and threaten that he will come with the persons of the hospital and created chaos. On perusing the contents of the FIR the name of the present applicant is not stated by the complainant. Even otherwise complainant has not stated which accused persons has come on his person, abused him and threaten. Nothing has to be recovered and seized from the applicant. Already co­accused are arrested and released on bail. On perusing the complaint nowhere it is the contention of the complainant that there was damage or loss to the property. Considering the nature of offence and applicant is resident of Nashik his presence can be secured. Apprehension of the prosecution that applicant will not appear regularly before the Court can be taken care by imposing conditions. Hence, I proceed to pass following order :­

ORDER

1.The application is allowed.

2.The applicant/accused Junaid Babasab Pirjade involved in C.R. No. I­209/2022 registered in Mumbai Naka Police Station for the offence punishable under section 4 of the Maharashtra Medicare Services Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss to Property) Act, 2010, be released on bail on his executing P.R. and S.B. of Rs.15,000/­ (Rupees Fifteen Thousand Only) with one surety.

3.The applicant/accused shall co­operate the investigating agency as and when called at the police station.

4.The applicant/accused 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.

5.In the event of violation of any terms, Investigating Officer is at liberty to take appropriate steps under section 439(2) of Cr.P.C.

6.In case of change of address applicant to inform the Investigating Officer about the same.

7.Bail before Ld. Trial Court.

8.Inform concerned Police Station accordingly.

Sd/­xxx Nashik. (V.S.Malkalpatte­Reddy) Date : 17/09/2022. Additional Sessions Judge, Nashik.