AMAR SARAN, J. - (1.) HEARD learned Counsel for the applicant and learned Additional Government Advocate and perused the record of the case.
(2.) THE applicant is a Doctor, who is in custody in connection with case Crime No. 348 of 2004, under Sections 420/467/468/471 IPC, police station Hariparvat, district Agra. The allegations against the applicant are that he used to give false certificates declaring patients as insane, who were in fact not insane. In this connection there is an FIR dated 10 -7 -2004 lodged by Sri B.S. Gurjar, in -charge, out post T.P. Nagar, Agra which alleges that on 1 -7 -2004, there was a telecast on the Sahara T.V. alleging that Dr. S.K. Gupta had been giving certificates for declaring certain women as insane in order of facilitate their spouses obtaining divorces from them. The informing officer enquired about this fact from the hospital, but received no complaint there. Two persons were named by the T.V. Channel, namely, Meenu Agarwal and Ajeet Jolly, as the persons in respect of whom false insanity certificates were said to have been issued by the applicant. The informant enquired about them, but he found their addresses to be incorrect and they could not be contacted. Thereafter he tried to locate the concerned doctor (the applicant). However as the doctor could not be traced out, from this fact the informant has drawn an inference that the doctor must have been involved in some offence, or the other and consequently, the FIR was lodged as aforesaid. It is submitted by the learned Counsel for the applicant that one circumstance, which has been taken against the applicant by the I.O. was that one Rishi Gupta submitted a letter to the S.H.O. P.S. Hari Parvat on 5 -7 -204 making allegations against the applicant as well as Dr. Muneshwar Gupta, the brother of Rishi Gupta that in collusion with his brother the applicant had prepared a false certificate of mental illness on 16 -6 -1998. On that date Rishi Gupta claims to be in custody in a case under Section 323/504 IPC. However, perusal of the said certificate shows that the applicant had given that certificate on the basis of the certificate issued by Dr. R.S. Chauhan, Medical Superintendent of the Mental Health Hospital, Agra dated 27 -4 -1998, which has also been annexed to this bail application and which shows that Rishi Gupta was suffering from MDP (Mania) and was under Dr. Chauhan's treatment. There is no specific denial of this averment in the counter -affidavit filed by the State.
(3.) THE second circumstance, relied on by the investigating officer based on the statement of one Roshan Singh dated 24 -7 -2004 was that the applicant had given a certificate certifying that one Smt. Meera Devi was mentally ill. This Meera Devi had died and the accused were facing trial in a case under Section 304 -B IPC, but they were acquitted on the basis of the certificate issued by the applicant. Those certificates have also been annexed. They show that the applicant had only made such observations that Meera Devi was suffering from sadness, loss of interest from surroundings, lack of sleep and sudden outbursts etc.;