Utkarsh Dubey vs State Of Chhattisgarh

Heard.

This is an application filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No.1447/2022 registered at Police Station Sarkanda, District Bilaspur (CG) for the offence under Section 120-B, 420, 467, 468 & 471 of the IPC.

Prosecution case, in brief, is that that Dr. Naresh Krishnani, Neurosurgeon, Vivekandand Hospital, Bilaspur lodged a written complaint dated 21.12.2022 at Police Station Sarkanda alleging that co-accused Ankit Dubey and his brother Utkarsh Dubey (applicant) have forged the bed head ticket, discharge ticket and query report in connivance with the Management of the Sky Hospital, Bilaspur. In the said complaint, it has been averred that on 21.10.2022, Dharmendra Vaishnav, Sub-Inspector, posted at Civil Lines, Bilaspur came to him for recording his statement regarding treatment of injured – Utkarsh Dubey (applicant), son of Sunil Dubey, as it has been alleged that Utkarsh Dubey was hospitalised in the month(s) of January-February 2022 in the Sky Hospital, Seepat Road, Bilaspur and the complainant has treated him for fractures along with Dr. Rajeev Sakhuja. It was also averred that Police Station - Civil Lines also sent a query report to the Sky Hospital with regard to Crime No.49/2022 registered at Police Station Civil Lines, Bilaspur against Shakti Singh and others, but the said hospital was closed in the month of May 2022, therefore, he is not aware as to who prepared the said query report. The signatures on the query report were not of Dr. Rajeev Sakhuja and the complainant. He further averred that the Management of the Sky Hospital hand in glove with the co-accused – Ankit Dubey and Utkarsh Dubey (applicant), conspired and forged the bed-head ticket, discharge ticket and query report and also forged the signatures of the Doctors. The accused persons further forged the CT Scan report of Radiologist namely Mr. Prabhudutt Sahu in order to colour the complaint lodged by Utkarsh Dubey (applicant) against Shakti Singh and others at Police Station Civil Lines, Bilaspur, under grave criminal charges and thereby, Police Station- Civil Lines, Bilaspur arrested Shakti Singh for the offence under Section 307, 341, 294, 323 & 325 of the IPC. Thereafter, based on such allegations, FIR No.1447/2022 was registered at Police Station Sarkanda for the offence under Sections 420, 467, 468, 471, 120-B of the IPC against co-accused Ankit Dubey, his brother Utkarsh Dubey (applicant) and the unknown staff members of the Management of the Sky Hospital, Bilaspur.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. The applicant has already been granted interim protection by this Court on 9.2.2023 by a Coordinate Bench of this Court. He further submit that co-accused Ankit Dubey has been enlarged on anticipatory bail by this Court vide order dated 16.3.2023 passed in MCRCA No.307/2023. Hence, considering all the aspects of the matter, learned counsel for the applicant prays to extend the benefit of Section 438 of Cr.PC to the applicant.

On the other hand, learned counsel for the State as well as learned counsel for the Objector strongly oppose the bail application. They submit that considering the statements of the Doctors, no grant of anticipatory bail is made out against the applicant. However, learned State counsel fairly submits that Dr. Rajeev Sakhuja has categorically stated in his statement that as an outpatient basis, he treated the applicant for fractures in his hand and leg.

Having considered the submissions of learned counsel for the parties, particularly considering that co-accused - Ankit Dubey has already been granted bail by this Court, this Court is of the opinion that the present is a fit case to extend the benefit of Section 438 of Cr.P.C. to the applicant.

Accordingly, the bail application is allowed and it is directed that in the event of arrest of the applicant, he shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the arresting officer on the following conditions:-

(a) he shall make himself available for interrogation by the concerned police officer as and when so required,

(b) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court or to any police officer,

(c) he shall not act in any manner which will be prejudicial to fair and expeditious trial,

(d) after filing of the charge sheet, he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial,

(e) he shall not involve himself in any offence of similar nature in future.

Certified copy as per rules.