Gaurav Agarwal vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed by the applicant-Gaurav Agarwal seeking anticipatory bail in Case Crime No.410 of 2019, registered at Police Station Rudrapur, District Udham Singh Nagar under Section 409 and Section 420 of the Indian Penal Code, 1860.

According to the First Information Report dated 02.08.2019, the applicant is a doctor. He runs a hospital named Krishan Hospital. His hospital was empanelled under Atal Ayushman Uttarakhand Yojna. Contrary to the terms of the hospital agreement, he was working as a cardiologist on contract in Jawaharlal Nehru District Hospital, Rudrapur, District Udham Singh Nagar. The patients were treated by him without taking their Telephonic Patient Identification Number. Clinical notes, progress report and discharge were not mentioned by him and several patients were not examined by him. Therefore, a penalty of Rs.1,67,400/-(Rupees One Lakh Sixty Seven Thousand Four Hundred) was imposed on him and his hospital was de-empanelled.

Heard Mr. Siddhartha Sah, learned counsel for the applicant and Mr. Chitrarth Kandpal, learned Brief Holder for the respondent.

Mr. Siddhartha Sah, Advocate, contended that the said allegations are false. Applicant has paid the said amount of Rs.1,67,400/- before lodging the First Information Report. Applicant is a doctor. He has no criminal antecedents. He is a permanent resident of District Udham Singh Nagar, therefore, there is no possibility of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence, and, the applicant was granted interim bail on 05.04.2025, and, the conditions of the interim bail have not been violated by him.

Mr. Chitrarth Kandpal, Brief Holder for the respondent has opposed the anticipatory bail application. However, he submitted that charge-sheet has already been filed, therefore, there is no requirement of custodial interrogation.

Personal liberty under Article 21 of the Constitution of India is very precious fundamental right and it should be curtailed only when it becomes imperative according to the peculiar facts and circumstances of the case.

Having heard the submissions of learned counsel for the parties and keeping in view of the facts and circumstances of the case, without commenting on the merits of the case, the present Anticipatory Bail Application is allowed and the order dated 05.04.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Gaurav Agarwal, he shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/- and two reliable sureties, each of the like amount, to the satisfaction of the Arresting Officer, subject to the following conditions:-

(i) Applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment;

(ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case;

(iii) Applicant shall not leave the country without the previous permission of the trial court.

It is made clear that if the applicant misuses or violate any of the conditions, imposed upon him, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.