Dr. Virendra Nautiyal vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with the First Information Report No.249 of 2020, registered at police station Kotwali Gangnahar, District Haridwar under Sections 420, 468, 469, 471 and Section 120 B of the Indian Penal Code, 1860.

An FIR was registered against the unknown persons on the written information of Dr. Sanjay Kansal, Chief Medical Superintendent, Sub-District Joint Hospital, Roorkee, District Haridwar on 11.6.2020. As per FIR, the CT scan reports are prepared by Vital Radiology Services Private Limited, Noida under an agreement. It came to the knowledge of the informant that some unknown persons are forging the CT scan reports which are being received from Vital Radiology Services Private Limited, Noida and the same are being used for medico-legal purposes. The forged reports of four patients, namely, Farah Naz, aged about 28 years, Irshad, aged about 60 years, Salman, aged about 25 years and Rashid, aged about 22 years, were prepared.

Present applicant was arrested on 10.4.2023. Charge-sheet has been filed.

Heard Mr. Aditya Pratap Singh, learned counsel for the applicant and Mr. V.S. Rathore, learned AGA for the State.

Mr. Aditya Pratap Singh, Advocate, contended that applicant is M.B.B.S. doctor. At the relevant point of time, he was posted as Medical Officer at Roorkee, Sub-District Hospital. He was in the emergency ward at the relevant point of time. Mr. Aditya Pratap Singh, Advocate, has further submitted that no medical or supplementary reports were ever prepared by the applicant in regard to the said patients Farah Naz, Irshad, Salman, and Rashid.

Mr. Aditya Pratap Singh, Advocate, contended that there is no signature of the applicant on the said alleged four forged reports. The report of the Forensic Science Laboratory has also not been produced. Applicant is presently posted as Medical Officer at Prathmik Swasthya Kendra, Khanpur, District Haridwar.

On the other hand Mr. V.S. Rathore, learned AGA for the State, has opposed the bail application. However, he accepted that there is no signature of the applicant on the said forged reports and FSL report has not been found on record.

Personal liberty is a very precious fundamental right under Article 21 of the Constitution of India. The object of keeping the accused in detention during the trial is not punishment. The main purpose is manifestly to secure the attendance of the accused. Applicant is presently posted as Medical Officer in Khanpur, District Haridwar, therefore, there is no possibility of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. There is nothing on record to indicate that the applicant had earlier been involved in any unacceptable activity. He is in custody since 10.04.2023.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.

The Bail Application is allowed.

Let the applicant, namely, Dr. Virendra Nautiyal be released on bail on executing his personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned with the following conditions :-

i) Applicant shall attend the trial court regularly and he will not seek any unnecessary adjournment;

ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.

It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, prosecution will be free to move the court for cancellation of bail.