JUDGMENT 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 Hariprvat, 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. Gujar, in-charge, out post T.P. Nagar, Agra which alleges that on 1.7.2004, there was a telecast on the Sahara T.V. allegin that Dr. S.K. Gupta had been giving certificates for declaring certain women as insame in order to 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 aplicant). 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.
3. 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 5.7.2004 making allegations against the applicant as well as Dr. Muneshwar Gupta, the brother of Rishi Gupta that in coliusion 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. Howevr, 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.
4. 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 304B 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.
5. Significantly, the applicant was examined as a defence witness in that case and thereafter the trial court on being satisfied with the applicant's testimony and other material on record had acquitted the accused on 7.5.1993. Depressed persons are known to have committed suicide. This circumstance could also therefore not lead to an invariable prima facie inference that the applicant had fradulently given false certificates of insanity.
6. There is also certain information given by one Patwari by a letter dated 27.7.2004 to the I.O. stating that the applicant had given a false certificate certifying mental illness of one Khajan Singh on 20.3.2001. This was done to assist Netra Pal Singh son of Khajan Singh in mutation proceedings for nullifing a sale deed of certain land executed by Khajan Singh in favour of Patwari. In this connection, it was pointed out that Khajan Singh was subsequntly treated by Dr. S.C. Jain, another doctor in the Institute of Mental Health and Hospital, Agara, who has also certified that Khajan Singh was suffering from the mental disease noted by the applicant.
7. The applicant also alleges false implication at the instance of Dr. Sudhir Kumar, Director of the Agra Mental Health Hospital with whom his relations were strained.
8. It is further argued that on the allegations in any case no offence under Sections 420, 467, 468 and 471 IPC are made out and if at all, only and offence under Section 197 IPC is disclosed.
9. Finally it is submitted that the applicant is in jail for about 4 months since 23.7.2004, I think in the circumstances of the case this period of pre-trial detention would be sufficient.
10. In this view of the matter, let the applicant-Dr. Sushil Kumar Gupta, involved in case crime No. 348 of 2004, under Sections 420/467/468/471 IPC, police station Hariparvat, district Agra, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
11. Before parting this court must express its anguish at the cavaliar manner, without investigating the true facts the media occasionally involves people which may result in their imprisonment or in irreparable damage to their image. It is high time that the print and televising media consider evolving a code of conduct for responsible journalism, for ensuring that matters are reported or telecast only after thorough investigation as to the veracity of the facts, eschew salacious stories which are raked up for mileage by the channel or paper and take steps for ensuring that the courts dealing with bails and trials are not prejudiced by the news cast/report.
12. However, it is made clear that the observations made above were only for the purpose of disposal of the bail application and the trial court shall decide the trial uninfluenced by the same.
13. It may also be pertinent to observe here that doctors dealing with mental disorders should be cautious in issuing certificates certfying insanity of persons as such certificates may be subject to abuse or misuse by unscrupulous persons for ulterior ends.