Allahabad High Court
Dr. Manu Shankar vs State Of U.P. Through Secretary ... on 1 August, 2019
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30925 of 2019
Applicant :- Dr. Manu Shankar
Opposite Party :- State Of U.P. Through Secretary (Home), U.P.
Counsel for Applicant :- Kartikeya Saran
Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Certified copy of the order dated 10.7.2019 passed by the Sessions Judge, Kanpur Ngaar rejecting the first anticipatory bail application of the applicant has been produced by learned counsel for the applicant today in Court, which is taken on record.
Heard Sri Gopal S. Chaturvedi and Sri Manish Tiwary, learned Senior Advocate, assisted by Sri Kartikeya Saran, learned counsel for the applicant, Sri Irshad Hussain, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that the applicant is a doctor by profession having degree of M.B.B.S. and M.S. (General Surgery) from Delhi University and DNB (General Surgery) and FNB (Min. Access Surgery) from National Board of Examination and has over 15 years experience in his field and had demonstrated exemplary work ethic and professionalism.The applicant is employed at Fortis Escorts Hospital, Faridabad and has been falsely implicated in the present case. It has been further argued that the applicant is not named in the FIR and has been summoned as witness under Section 160 Cr.P.C. for the purpose of interrogation by the Investigating Officer and it is stated that the applicant apprehends that if he appears before the Investigating Officer in pursuance of the said notice, he would be arrested. Learned counsel for the applicant has invited the attention of this Court towards paragraph no.30 of the in which it has been mentioned that a similar notice under Section 160 Cr.P.C. was served upon the Coordinator of the Committee, namely, Ms. Sonika Dabas and during her appearance pursuant to the said notice, she was arrested on 11th June, 2019 by the Investigating Agency and sent to jail, who has been granted regular bail by a Coordinate Bench of this Court in Crl. Misc. Bail Application No.27705 of 2019 vide order dated 11.7.2019, copy of which has been produced and the same is taken on record. It has been next argued that Dr. Deepak Shukla who was also sailing on the same boat was called as a witness, he was cited as a witness in the charge sheet but later on he was made an accused in the supplementary charge sheet and he has been granted regular bail under Section 439 Cr.P.C. by a Coordinate Bench of this Court in Crl. Misc. Bail Application No.26322 of 2019 vide order dated 3.7.2019, copy of which has been produced and the same is taken on record. It has been next argued that the co-accused Sunita Prabhakaran, Coordinator and Mithun V.L. have also challenged the FIR of the present case by means of filing Crl. Misc. Writ Petition Nos.6331 of 2019 and 6329 of 2019 in which their arrest has been stayed by a Coordinate Bench of this Court vide order dated 8.3.2019, copy of which hace been produced and the same is taken on record. It is further contended that the other co-accused, namely, T Raj Kumar Rao @ Raju Rao, Ramu Pandey, Mohd. Saboor Ahmad, Gaurav Mishra, Shailesh Saxena and Shamshad Ali have already been granted bail by Coordinate Bench of this Court vide orders dated 14.05.2019, 03.07.2019, 03.07.2019, 03.07.2019, 29.05.2019, 14.06.2019 & 18.06.2019 passed in Criminal Misc. Bail Application Nos.20082 of 2019, 26278 of 2019, 23730 of 2019, 23730 of 2019, 22630 of 2019, 23343 of 2019 and 24453 of 2019, copies of the bail orders produced by learned counsel for the applicant are taken on record. The present FIR has been lodged against the applicant just to malign his image in the society. The applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for anticipatory bail.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant-Dr. Manu Shankar involved in FIR/Case Crime No.84 of 2019, under Sections 420, 467, 468, 471, 506 I.P.C. r/w Sections 18, 19 & 20 of Transplantation of Human Organs and Tissues Act, 1994, Police Station Barra, District Kanpur Nagar, he shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court on his furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(i) the applicant shall make himself available for interrogation by a police office as and when required;
(ii) the applicant 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 facts to the Court or to any police office;
(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the S.S.P./S.P. concerned.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of one month from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicant is directed to produce a certified copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
Order Date :- 1.8.2019
NS
