Dr. Yuvraj Ravindra Patil v. The State Of Maharashtra, Thr. Pso, Ps, Anjangaon Surji, Tah. Anjangaon Surji, Dist. Amravati
2025:BHC-NAG:8080 1 917.ABA.565-2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO. 565 OF 2025 ( Dr. Yuvraj Ravindra Patil Vs.
State of Maharashtra, Thr. PSO PS Anjangaon Surji, Dist. Amravati ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A.A. Dhawas, Advocate for the Applicant.
Ms. Trupti Udeshi, APP for the Non-applicant/State. CORAM: URMILA JOSHI-PHALKE, J.
DATED : 14th AUGUST, 2025 1.
Apprehending the arrest at the hands of Police in connection with Crime No.330/2025 registered with Police Station Anjangaon Surji, District Amravati for the offences punishable under Sections 18(c), 27(2) of the Drugs and Cosmetic Act, 1940, Sections 3, 4 of Medical Termination of Pregnancy Act, Sections 6, 3 of the Bombay Nursing Home Registration Act, and Sections 88, 89, 318, 319 of the Bharatiya Nyaya Sanhita, 2023, the Applicant approached to this Court for grant of pre arrest bail.
2.
The crime is registered on the basis of the report lodged by Dr. Amol Arun Nalat on an allegation that the present Applicant is the owner of Sanjeevani Nursing and Maternity Hospital, Anjangaon Surji. On 26.06.2025, a secret information was received by the Informant who is the Medical Superintendent of Rural Hospital Anjangaon Surji, that
2 917.ABA.565-2025.odt without permission the present Applicant runs Hospital which involves the medical termination of pregnancy, and therefore, the trap was laid and required documents were asked, the Applicant could not produce any document. In the year 2018, a proposal was made for cancellation of recognition of the Hospital. It seems that the recognition of the Hospital was cancelled in the year 2018, yet the present Applicant runs the Hospital from 2018 to 2025. He is not having the requisite certificates, he runs the Hospital and carried out all the treatments including surgeries and MTP procedures. On the basis of the said report, Police have registered the crime against the present Applicant.
3.
Heard learned Counsel for the Applicant, who submitted that as far as the MTP procedure is concerned, it was the wife of the present Applicant who has carried out. The present Applicant was not involved in that and he is taking the assistance of the various experts to run the said Hospital. Alternatively, it is submitted that the present Applicant is ready to close all the activities including the MTP procedures and the other treatments which the Applicant cannot permit as per his qualification. In view of that, he be released on anticipatory bail.
4.
Learned APP, strongly opposed the said Application and submitted that considering the involvement of the present Applicant who is running the Hospital after the period of relevant certificate is expired. He does not have any necessary certificate to run the Hospital. The statements of the witnesses shows that the involvement of the present Applicant in MTP procedure is without seeking any assistance
3 917.ABA.565-2025.odt of any expert. The qualification of the present Applicant as well as his wife is BAMS, and therefore, they are only competent to provide Ayurvedic treatment but they are providing all Allopathy treatment including surgeries and MTP procedures, and therefore, the Application deserves to be rejected.
5.
On hearing both the sides and on perusal of the investigation papers, the involvement of the present Applicant reveals in carrying out all the procedures which he is not permitted to carryout because his qualification is only to the extent of Bachelor of Ayurvedic Medicine. The investigation papers shows that, several experts are visiting his Hospital for conducting various procedures but the statements of the patients shows that it was the wife of the present Applicant who was carrying out the MTP procedure. Considering the statement of the present Applicant that he will not carryout any other procedures and will only treat the patients which is permitted to by giving an Ayurevedic treatment. He shall not indulge himself in conducting any surgeries or operations and only permitted to carryout the treatment which are permissible in law. In view of that, the Application deserves to be allowed by imposing certain conditions. Accordingly, I proceed to pass the following order:
O R D E R
i.
The Application is allowed.
4 917.ABA.565-2025.odt ii.
In the event of the arrest, the ApplicantDr. Yuvraj Ravindra Patil in connection with Crime No.330/2025 registered with Police Station Anjangaon Surji, District Amravati for the offences punishable under Sections 18(c), 27(2) of the Drugs and Cosmetic Act, 1940, Sections 3, 4 of Medical Termination of Pregnancy Act, Sections 6, 3 of the Bombay Nursing Home Registration Act, and Sections 88, 89, 318, 319 of the Bharatiya Nyaya Sanhita, 2023, be released on anticipatory bail, on executing P.R. Bond in the sum of Rs.50,000/- (Rs. Fifty Thousand) with one solvent surety in the like amount.
iii.
The Applicant shall attend the concerned Police Station once in a week i.e. on every Sunday between 10.00 a.m. to 01.00 p.m. and shall cooperate with the Investigating Agency by producing all the relevant documents before the Investigating Officer.
iv.
The Applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case either personally or by way of electronic media.
v.
The Applicant shall not indulge himself in any MTP procedures including his wife.
5 917.ABA.565-2025.odt vi.
The Applicant shall treat the patients which is permissible in law.
vii.
On contravention of any of the condition and if the involvement of the Applicant is found in any MTP procedure or any illegal activities which is not permissible, the bail granted to the present Applicant deserves to be cancelled.
6.
Pending application/s, if any, shall stand disposed of accordingly.
(URMILA JOSHI-PHALKE, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 16/08/2025 14:23:33