RAJUBHAI AMRUTBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present application is filed under Section 439 of the Code of Criminal Procedure for seeking regular bail in connection with the FIR, C.R. No. 11993002200043 of 2020 registered with Adipur Police Station, Kutch (East), Gandhidham, for the offences punishable under Sections 419 , 465 , 467 , 471 of the Indian Penal Code and Sections 30 and 35 of the Gujarat Medical practitioners Act,1963.

(2.) Learned advocate Mr. Hriday Buch for Mr. D.K. Chaudhari for the applicant has submitted that all the offences which are alleged against the applicant are bailable, except Section 467 of IPC and further, the applicant is not having any criminal antecedent. It has further been submitted that looking to the averments contained in the FIR, ex-facie, no offence is made out and by relying upon the decision of the Apex Court reported in (1980)4 SCC 551, a contention is raised that the medical certificate cannot be treated as valuable security and therefore even if the allegations made in the FIR are to be taken as it is, then it appears that no offence is made out. Additionally, Mr. Buch has submitted that for a period of approximately four months, the alleged act might have been done by the applicant but for this period also, not a single complaint from any patient is received nor any grievance is voiced out about treatment and as such, now since the charge-sheet has already been submitted, the applicant may not be allowed to languish in jail. It has further been submitted that the applicant will keep himself away from the entire District and would abide by any terms and condition which this Court deems fit t out. Additionally, Mr. Buch has submitted that for a period of approximately four months, the alleged act might have been done by the applicant but for this period also, not a single complaint from any patient is received nor any grievance is voiced out about treatment and as such, now since the charge-sheet has already been submitted, the applicant may not be allowed to languish in jail. It has further been submitted that the applicant will keep himself away from the entire District and would abide by any terms and condition which this Court deems fit to impose upon the applicant. Under the instruction, Mr. Buch has also submitted that the applicant would file an undertaking in the Court where the main case is to be taken up that he will not indulge in any such kind of activity in future and would keep himself away from the district and would reside in his native place, i.e. in Mehsana district, and would furnish the address to the concerned police station. It has been reiterated that now since the charge-sheet has already been submitted, there is no likelihood of misuse of the liberty by the applicant as having no criminal antecedent and would not cause any prejudice to the case of the prosecution. Hence, the request is made to grant bail to the present applicant.

(3.) As against the aforesaid submissions, learned APP Mr. J.K. Shah for the respondent-State has opposed this application on the ground that the allegations leveled in the application are very serious one and would cause danger to the life of some peo impose upon the applicant. Under the instruction, Mr. Buch has also submitted that the applicant would file an undertaking in the Court where the main case is to be taken up that he will not indulge in any such kind of activity in future and would keep himself away from the district and would reside in his native place, i.e. in Mehsana district, and would furnish the address to the concerned police station. It has been reiterated that now since the charge-sheet has already been submitted, there is no likelihood of misuse of the liberty by the applicant as having no criminal antecedent and would not cause any prejudice to the case of the prosecution. Hence, the request is made to grant bail to the present applicant.