1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2024
[arising out of SLP (Crl.) No.7698/2023]
DR. SWATI SHUKLA ….. APPELLANT(S)
VERSUS
STATE OF UTTAR PRADESH ….. RESPONDENT(S)
O R D E R
1. Leave granted.
2. The appellant Dr. Swati Shukla is an accused in First Information Report No. 117 of 2021 dated 27.07.2021 registered with Police Station Katra, District Mirzapur, Uttar Pradesh for the offence(s) punishable under Sections 419, 420, 467, 468, 469, 471 and 120B of the Indian Penal Code, 1860. She had applied for an order under Section 438 of the Code of Criminal Procedure, 1973 before the High Court, which has been turned down by the impugned judgment and order dated 11.05.2023. Aggrieved thereby, the same has been carried in appeal before us.

3. We have heard learned counsel appearing for the appellant, the respondent State and the complainant.

4. It is not in dispute that the appellant Dr. Swati Shukla was initially not named as an accused in the FIR. However, her involvement in the alleged offence having transpired in course of investigation, her name was later on shown as an accused. As far back as on 25.06.2022, she had appeared before the Investigating Officer in response to a notice issued under 41A of the Cr. P.C.

5. It is also not disputed that the charge sheet under Section 173 (2) of the Cr. P.C. arraigning the appellant Dr. Swati Shukla as an accused has been submitted before the relevant Court on 03.09.2022, upon completion of investigation.

6. Having regard to the aforesaid factors, we are of the considered opinion that detention of the appellant Dr. Swati Shukla during the course of the trial is not warranted and that she may be admitted to an order under Section 438 of the Cr. P.C.

7. Accordingly, we direct that in the event of the appellant Dr. Swati Shukla being arrested, she shall be released on bail by the arresting/investigating officer/trial court on terms and conditions to be imposed by the trial court. The appellant Dr. Swati Shukla shall, in addition, comply with the conditions mentioned in Section 438(2) of the Cr. P.C.

8. In the result, the impugned order stands set aside and the appeal is allowed in the above terms.

9. We clarify that observations made in this order are for the purpose of disposal of the present appeal, and should not be construed as findings and observations on the merits of the case.
10. Pending application(s), if any, shall stand disposed of.
………………J.
(DIPANKAR DATTA)
………………J.
(K.V. VISWANATHAN)
NEW DELHI;
MARCH 01, 2024.

ITEM NO.31 COURT NO.2 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No. 7698/2023
(Arising out of impugned final judgment and order dated 11-05-2023 in CRMABA No. 13598/2022 passed by the High Court of Judicature at Allahabad)
DR. SWATI SHUKLA Petitioner(s)
VERSUS
STATE OF UTTAR PRADESH Respondent(s)
(IA No. 120337/2023 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 184746/2023 – EXEMPTION FROM FILING O.T.
IA No. 120338/2023 – EXEMPTION FROM FILING O.T.
IA No. 184744/2023 – INTERVENTION/IMPLEADMENT)

Date : 01-03-2024 This matter was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE DIPANKAR DATTA
HON’BLE MR. JUSTICE K.V. VISWANATHAN
For Petitioner(s) Mr. Anupam Lal Das, Sr. Adv.
Mr. Sahil Monga, AOR
Mr. Anirudh Singh, Adv.
Mr. Ashkrit Tiwari, Adv.
Mr. Chaitanya Poonia, Adv.
Mr. Shivam Saxena, Adv.

For Respondent(s) Mr. Manoj Prasad, Sr. Adv.
Mr. Siddharth Kumar, Adv.
Ms. Rekha Rani Dey, Adv.
Mr. Ajay K Srivastava, Adv.
Ms. Apsana Khatoon, Adv.
Mr. Ashutosh Kumar Mishra, AOR

Mr. Abhishek Chaudhary, Adv.
Mr. Anil Kumar Sinha, Adv.
Mrs. Rachna Gupta, AOR

UPON hearing the counsel, the Court made the following
O R D E R

Leave granted.
We direct that in the event of the appellant Dr. Swati Shukla being arrested, she shall be released on bail by the arresting/investigating officer/trial court on terms and conditions to be imposed by the trial court. The appellant Dr. Swati Shukla shall, in addition, comply with the conditions mentioned in Section 438(2) of the Cr. P.C.
The appeal is allowed in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(BABITA PANDEY) (R.S. NARAYANAN)
COURT MASTER (SH) ASSISTANT REGISTRAR
(Signed order is placed on the file)