Allahabad High Court
Dr. Shalini Bhalla vs State Of U.P. And Another on 13 April, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 83
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13306 of 2022
Applicant :- Dr. Shalini Bhalla
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Vijay Praksah
Counsel for Opposite Party :- G.A.,Satyendra Kumar Mishra
Hon'ble Krishan Pahal,J.
1. List has been revised. Learned counsel for the informant is not present.
2. Heard Sri Vijay Praksah, learned counsel for the applicant and Sri R.P. Patel, learned A.G.A. for the State as well as perused the record.
3. The present anticipatory bail application has been filed on behalf of the applicant in Criminal Case No. 48951 of 2022, arising out of Case Crime No.131 of 2022, registered under Sections 306, 34 I.P.C. at Police Station- Kaushambi, District Ghaziabad with a prayer to enlarge her on anticipatory bail.
4. As per prosecution story, the deceased person is stated to have committed suicide due to non-payment of salary by co-accused persons Dr. Navin and Dr. Dhanaj who are owners of the hospital.
5. Learned counsel for the applicant has stated that the applicant is simply an employee of the said hospital and is a consultant medical practitioner and has nothing to do with the disbursement of salary of the deceased person. The allegations leveled in the dying declaration of the deceased person are that the applicant used to pressurize the deceased for work and the deceased was peeved by the said behaviour of the applicant and other co-accused persons. Learned counsel has stated that the said allegations leveled in the dying declaration do not fulfill the ingredients of Section 306 I.P.C. The applicant has been made an accused simply on the basis of said averments in the dying declaration of the deceased regarding behaviour of the applicant. The applicant has no criminal antecedents to her credit. The applicant being a lady and a practitioner doctor is entitled for anticipatory bail. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against her. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. Learned counsel for the applicant undertakes that she has co-operated in the investigation and is ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.
6. Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but could not dispute that applicant has nothing to do with the disbursement of salary of the deceased person.
7. On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A., taking into consideration the very fact that the applicant was an employee in the said hospital and had nothing to do with the disbursement of salary of the deceased person, and considering the nature of accusations and antecedents of the applicant, the applicant is liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1". The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
8. In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Dr. Shalini Bhalla be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i). that the applicant shall make herself available for interrogation by a police officer as and when required;
(ii). that 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 her from disclosing such facts to the court or to any police officer or tamper with the evidence;
(iii). that the applicant shall not leave India without the previous permission of the court;
(iv). that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;
(v). that the applicant shall not pressurize/ intimidate the prosecution witness;
(vi). that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
(vii). that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.
9. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.
[Krishan Pahal, J.]
Order Date :- 13.4.2023
Vikas
