YOGENDRA SINGH NEGI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The case of the prosecution is that at about 10-11 a.m., on the morning of 5/1/2023, the appellant who is a doctor working in a Government hospital, in an inebriated state, while driving his car bearing No.RJ-07-CD-5020 caused an accident at the hospital, where he was working, wherein the car rammed into the general public/patients standing there resulting in on the spot death of one Bhanwar Lal and miscarriage of a pregnant woman namely Smt. Nazia Bano.

(2.) Learned counsel for the appellant submitted that the appellant has been falsely implicated in the present case. Learned counsel submitted that alleged offence under Sec. 304 IPC is not made out against the appellant and at most, it is a case of Sec. 304-A IPC. Learned counsel submitted that the alleged incident took place when the appellant was driving the offending car, who on entering the hospital suddenly lost control while the car was going through a speed breaker. It was submitted that due to rush and congestion near the hospital gate, unfortunately, the car had plowed into the persons standing there.

(3.) Lastly, learned counsel submitted that the appellant who is serving as a doctor in a Government hospital is now near the age of retirement. Learned counsel submitted that since investigation in the matter has already been completed, challan has already been filed and no recovery is due to be made from the appellant, no fruitful purpose would be served by keeping the appellant behind the bars. He thus implored the Court to accept the bail application and enlarge the petitioner on bail.