Allowed

Dr. Dharmendra Kumar Saxena v. State of U.P. and Another

Allahabad HC28 Jan 2020ABAIL/902/2020

Case brief

AI extract

What is this about?

Single judge allowed anticipatory bail to Dr. Dharmendra Kumar Saxena, a retired doctor accused of corruption, following allegations that a fake death report was filed to evade arrest in an old 1989 FIR lodged in 2011.

What did the court decide?

Anticipatory bail granted on furnishing personal bond of Rs. 25,000/- with two sureties, subject to conditions of availability for interrogation and no tampering.

Dr. Dharmendra Kumar Saxena Vs State of U.P. and Another — Corruption | Allahabad HC (2020)

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Court No. - 66 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 902 of 2020

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Applicant :- Dr. Dharmendra Kumar Saxena Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hitesh Pachori Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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Heard learned counsel for the applicant, learned A.G.A for the State and perused the first information report as well as rejection order.

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Learned counsel for the applicant submitted that the applicant was working as Deputy C.M.O. in district Jhansi in the year 1989 and he has lodged an F.I.R. regarding embezzlement in which after investigation the applicant was also arrayed as an accused and he was chargesheeted; the said F.I.R. was lodged at district Mathura; it is stated that when he was posted at Jhansi non bailable warrants in the aforesaid case registered at Mathura was served at Jhansi and some officials of district hospital submitted report that the applicant has died; this discrepancy arose on account of fact that there was another doctor with the same name of the applicant; F.I.R. was lodged in 2011 that though the applicant was alive yet a report that he has died, was submitted in order to evade his arrest; it is stated that the applicant has retired and is now aged about 78 years, the investigation has not yet been completed even after passage of eight years; he is ready to cooperate with the investigation and there is no likelihood of his absconding. The matter needs deeper and fairer investigation before any arrest should be given effect to. Therefore, the applicant may be enlarged on anticipatory bail.

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Learned A.G.A. has vehemently opposed the prayer for bail and submitted that the applicant in order to evade his arrest in the F.I.R. lodged in the year 1989 he colluded with staff and got a fake report submitted about his death. However, he could not dispute that the F.I.R. was lodged in the year 2011 and investigation is still going on.

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Without expressing any opinion on the merits of the case and considering the nature of accusation and having no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.

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In the event of arrest of the applicant Dr. Dharmendra Kumar

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Saxena involved in Case Crime No. 653/2011, u/s 177, 182, 465, 467, 468, 471 IPC and 13(1) 13(2) Prevention of Corruption Act, P.S. Civil Lines, District Meerut, 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.

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(i) the applicant shall make himself available for interrogation by a police officer as and when required;

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(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 them from disclosing such facts to the Court or to any police officer;

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(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.

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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.

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The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of four months 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.

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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.

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Let the copy of this order be sent by the Registrar General of this Court to Sessions Judge concerned for it's compliance.

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In view of the aforesaid, the application for anticipatory bail is, accordingly, allowed.

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Order Date :- 28.1.2020 Dhirendra/

Dr. Dharmendra Kumar Saxena v. State of U.P. and Another

Case brief

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Dr. Dharmendra Kumar Saxena v. State of U.P. and Another

Case brief

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What did the court decide?

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