Ayurvedic doctors are not qualified to provide allopathic treatment, and doing so can result in medical negligence.

ORDER

This is the first application filed by the applicant under Section 438 of the Cr.P.C. seeking anticipatory bail.

2. The applicant is apprehending his arrest in connection with FIR/Crime No.994/2023 dated 05.12.2023 registered at Police Station Kotwali Hoshangabad, District Narmadapuram for the offences punishable under Section 304, 201 of IPC and under Section 24 of Madhya Pradesh Ayurvigyan Parishad Adhiniyam, 1987.

3. Learned counsel for the applicant contends that as per the allegations Signature Not Verified levelled by the prosecution, it is being projected that the applicant despite being an Ayurvedic Doctor, treated operation with the course which is available in Allopathy and resultantly as the patient was misdiagnosed, she died and resultantly the same ensued in registration of an FIR against the applicant. It is contended by the counsel that an affidavit of the mother of the deceased is in record which is filed as Annexure A/3 which reflects that the deceased was not treated by the present applicant and the factum of submission of the affidavit has also been verified by the counsel for the State. Thus, it is contended by the counsel that at the most it is a case under Section 304-A of IPC and not under Section 304-II of IPC. The applicant deserves to be enlarged on bail.

4. Learned counsel for the State has opposed the prayer and submitted that though the mother of the deceased has filed the affidavit which has been verified in terms of the order passed by this Court, however, learned counsel submits that taking into consideration the direct allegation and also the fact that the applicant was not qualified to provide treatment to the patient in Allopathy yet ventured upon to provide treatment, resultantly she died. Therefore, taking into consideration the allegation, the application deserves to be dismissed.

5. Heard the submissions and perused the case diary.

6. Upon perusal of case diary, it is evident that the applicant who is said to be an Ayurvedic Doctor, was treated the patient and as per the wrong diagnosis and the incorrect treatment, she ultimately died. The opinion mentioned in autopsy report suggests that the death was due to suspected poisoning. The affidavit of the mother of the deceased which has been filed along with the application reflects that the deceased was taken to Government Hospital as she was having fever.

Signature Not Verified

7 . Thus, taking into consideration the totality of the circumstances including the affidavit of the mother of the deceased, this Court deem it appropriate to enlarge the applicant on anticipatory bail. Thus without commenting on the merit of the case, the application is allowed.

8 It is directed that in the event of arrest, applicant shall be enlarged on bail on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the arresting officer for his appearance before him during the course of investigation or before the trial Court during trial, as the case may be.

9. It is further directed that the applicant shall abide by all the conditions as enumerated under Section 438(2) of the Cr.P.C.

10. Accordingly, M.Cr.C. stands disposed of.

(MANINDER S. BHATTI)

JUDGE Astha Signature Not Verified