IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 6649 of 2025 ==========================================================

PRASHANT S/O PRAKASH HARISHCHANDRA VAZIRANI Versus STATE OF GUJARAT ==========================================================

Appearance:

MR JAL SOLI UNWALA, SR.ADVOCATE with MR BN LIMBACHIA(3454) for the Applicant(s) No. 1 NISHITH K JOSHI(9193) for the Applicant(s) No. 1 MR ANKIT V DIXIT(10019) for the Respondent(s) No. 1 MR. RAJESHKUMAR S MISHRA(9946) for the Respondent(s) No. 1 MR HARDIK DAVE, PP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 08/05/2025

ORAL ORDER

1. The applicant has filed this Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for enlarging the applicant on Regular Bail in connection with FIR being C.R. No.11191020240478 of 2024 registered with Vastrapur Police Station, District:Ahmedabad City for the offences punishable under Sections 105, 110, 336(2), 336(3), 340(2), 340(1), 318, 61 of the B.N.S.

2. Heard learned senior advocate Mr.Jal Soli Unwala with learned advocate Mr.B.N.Limbachia and learned advocate Mr.Nishith K. Joshi appearing for the applicant, learned advocate Mr.Rajeshkumar S. Mishra and learned advocate Mr.Ankit V. Dixit for appearing for the victims and learned Public Prosecutor Mr.Hardik Dave for the Respondent – State.

3. Learned senior advocate for the applicant submitted that in the present offence, investigation is over and charge-sheet has been filed. The present applicant has been arrested in connection with the present offence on 13.11.2024 and since then the applicant is in custody. The FIR in the present offence has been lodged by one Dr.Prakash Ishwarlal Mehta, who is working as In-charge CDMO cum Civil Surgeon, Civil Hospital, Sola, at Ahmedabad. As stated in the FIR after the death of two patients, a team comprising of Doctors of Civil Hospital, Sola at Ahmedabad were assigned the task of inquiry into the incident and after the inquiry being carried out by the said team, the present FIR has been lodged by him. The first informant himself was also a part of the said team. He submitted that none of the relatives of the victims have come forward to lodge any complaint against the administration of the Khyati Hospital and the present FIR has been lodged at the behest of the State Machinery. He submitted that the medical camp was organized at Borisana village on 10.11.2024 and 89 patients had attended the said camp with their respective health related complaints. Out of them, 19 patients were brought to Khyati Hospital on the next day for further examination and check-up. Out of those 19 patients, 7 patients were advised the procedure of angioplasty. Out of those 7 patients, 2 patients died because of post procedure complications.

3.1 He further submits that it is alleged in the present FIR that the present applicant and the other co-accused had threatened and forced the patients to undergo the procedure of angioplasty. However, the material available on record suggests that out of the patients who were advised the procedure of angioplasty, several patients had expressed their disinclination for undergoing such procedure and they were allowed to go. Therefore, it is not correct on the part of the prosecution to allege that the patients were kept in captivity and were forced to undergo the procedure of angioplasty. He submitted that there is a mechanism in place for approval of performance of angioplasty. As per the said mechanism, if the blockage of more than 70% is seen in any of the arteries of the heart, then only the approval for angioplasty is permitted under the PMJAY scheme. In the present case, the patients who were examined at the medical camp were made to undergo the examination of cardiogram and those who were suspected of having any heart related issues, were asked to come to Kh