Allahabad High Court
Priya Ranjan vs State Of U.P. on 9 December, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 79 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47092 of 2022 Applicant :- Priya Ranjan Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Shankar,Saumitra Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1.Heard Sri Vinary Saran, the learned Senior Advocate assisted by Sri Saumitra Dwivedi, Advocate, the learned counsel for the applicant, Sri Dinesh Kumar Srivastava, the learned Additional Government Advocate and perused the record.
2.The instant application has been filed seeking release of the applicant on bail in Case Crime No. 537 of 2022, under Sections 420, 467, 468, 471 IPC, Police Station Bisrakh, District Gautam Budh Nagar.
3.The aforesaid case has been registered on the basis of an FIR lodged by a Sub-Inspector of Police on 01.09.2022, alleging that on 19.08.2022 while a patient was being treated in a private facility, she got brain dead due to wrong treatment. She had to be shifted to a higher center, regarding which Case Crime No. 516 of 2022, under Sections 338 and 304 was lodged, alleging negligence by the doctor who treated the lady.
4.The instnt FIR alleges that the MBBS degree of the applicant purportedly issued by Bupendra Narayan University, Lalu Nagar, Madehpura, Bihar has been found to be fake.
5.It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the case, he is having no previous criminal history and he is in jail since 28.08.2022. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.
6.It has specifically been stated in the affidavit that the applicant is a Director of M/s Suhasini Hospital and Care Private Ltd., having DIN No. 7441608 and the company has employed several competent doctors to treat the patients. The applicant nowhere projects himself as a doctor and he does not treat any patient in the hospital. It has also been stated in the affidavit that the applicant has not provided the alleged degrees to the police, as he holds none.
7.The learned counsel for the applicant has submitted that Dr. Suchi Lakhan Pal Kalia, who was also made an accused in Case Crime No. 516 of 2022 lodged regarding alleged wrong treatment given to a patient in the hospital, has filed a Criminal Misc. Writ Petition No. 12808 of 2022 in this Court, a copy whereof has been annexed with the affidavit filed in support of the bail application. On perusal of the copy of the writ petition, it is evident that she had given details of the treatment given by herself and by one Dr. Kumal, Anesthetist to the patient and there is no mention that the applicant was in any way involved in treating the patient.
8.By means of an order dated 22.09.2022 passed in Criminal Misc. Writ Petition No. 12808 of 2022, a Division Bench of this Court has stayed arrest of Dr. Suchi Lakhan Pal Kalia.
9.The learned counsel for the applicant has further submitted that no charge has been framed against Dr. Kunal, a detailed reference to whom has been made in the writ petition filed by Dr. Suchi Lakhan Pal Kalia.
10.Sri Vinay Saran, the learned Senior Advocate has stated that the applicant has already been granted bail in Case Crime No. 516 of 2022 by means of an order dated 14.11.2022 passed by this Court in Criminal Misc. Bail Application No. 43679 of 2022.
11.Per contra, Sri D.K. Srivastava, the learned AGA has vehemently oppose the prayer for grant of bail and he has submitted that the police has verified the degree of the applicant that was submitted by himself during investigation of Case Crime No. 516 of 2022, which is found to be fake and accordingly, the bail application is liable to be rejected.
12.Having considered the facts and circumstances of the case, prima facie the allegation levelled against the FIR arises out of facts that allegedly came to light during investigation of Case Crime No. 516 of 2022 under Sections 338 and 304 IPC and the applicant has already been granted bail in the aforesaid case. The learned counsel for the applicant has shown that the applicant has nowhere projected himself as a doctor in the hospital. He is a Director of the company, which owns the hospital and in the information of the hospital available on internet the applicant's name is mentioned as a Director of the company without a prefix depicting himself to be a doctor.
13.Keeping in view the aforesaid facts and without recording any finding on the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case of enlargement of the applicant on bail.
14.In light of the preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed.
15.Let the applicant Priya Ranjan be released on bail in Case Crime No. 537 of 2022, under Sections 420, 467, 468, 471 IPC, Police Station Bisrakh, District Gautam Budh Nagar on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.
16.In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.
Order Date :- 9.12.2022 Ashish Pd.