HIGH COURT OF JUDICATURE AT ALLAHABAD ? Court No. - 80 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49672 of 2019 Applicant :- [ENTITY] Opposite Party :- State of U.P. Counsel for Applicant :- [ENTITY] Counsel for Opposite Party :- G.A. Hon'ble [ENTITY]-IV,J.
1. Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
2. Accused-applicant, involved in [CASE NUMBER], under [SECTION], [SECTION], [SECTION] and [SECTION] [ACT], Police Station Deoband, District Saharanpur, applied for bail.
3. Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case on account of enmity; applicant is innocent and he has committed no offence; prosecution is false and fake; he is a qualified and registered medical practitioner; he is running a nursing home for a long. Informant, being a doctor, has a professional rivalry with applicant. It is further submitted that applicant had lodged an FIR against unknown person bearing [CASE NUMBER], under [SECTION] [ACT], in which, [ENTITY] and [ENTITY] came to light, who admitted involvement of Dr. [ENTITY], Informant of present case. It is further submitted that the then Chief Medical Officer admitted the papers of applicant to be true and genuine (Annexure-4), which reveals that accused is fully competent to do medical practice and his registration finds place in medical counsel and he possessed degree of MBBS, DNB, General Surgery. He is legally authorized to do the medical practice. It is further submitted that genuineness of applicant's paper is subject matter of trial and cannot be determined at this stage. In confession regarding guilt of crime before Police Officer is not admissible in evidence. Accused-applicant is languishing in Jail since 30.09.2019. In case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. Due to huge pendency of cases in the Trial Court, there is no possibility of early disposal of cases. All the offence levelled against him is triable by Magistrate. Learned Counsel for appellant placed reliance upon the judgement of Supreme Court in [PRECEDENT].
4.Learned A.G.A. opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant and submitted that accused-applicant got forged document prepared in his name using the name of one Dr. [ENTITY] and is doing medical practice having no valid registration.
5I. In [PRECEDENT], Court observed as under:-
"5. To put it shortly, a humane attitude is required to be adopted by a judge, while dealing with an application for remanding a suspect or an accused person to police custody or judicial custody. There are several reasons for this including maintaining the dignity of an accused person, howsoever poor that person might be, the requirements of [SECTION] of the [ACT] and the fact that there is enormous overcrowding in prisons, leading to social and other problems as noticed by this Court in, In Re-Inhuman Conditions in 1382 Prisons.1 (2017) 10 SCC 65.
6. The historical background of the provision for bail has been elaborately and lucidly explained in a recent decision delivered in [PRECEDENT] going back to the days of the [ACT]. In that decision, reference was made to [PRECEDENT] in which it is observed that it was held way back in [PRECEDENT] that bail is not to be withheld as a punishment. Reference was also made to [PRECEDENT] wherein it was observed that grant of bail is the rule and refusal is the exception. The provision for bail is therefore age-old and the liberal interpretation to the provision for bail is almost a century old, going back to colonial days."
6. Considering the facts and circumstances of the case, rival submissions of learned counsel for the parties, detention of applicant in Jail, severity of punishment in case of conviction, evidence collected by Investigating Officer during investigation; ratio laid down in the case of [PRECEDENT] (supra) and without commenting upon the merit of the case, applicant deserves bail.
7. Accordingly, bail application is allowed.
8. Let, applicant-[ENTITY] be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties to the satisfaction of the Magistrate concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under [SECTION] [ACT] and argument.
3. During trial, applicant shall not indulge in criminal activities or case.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 16.11.2019 Akram