JUDGMENT : 1. Heard Mr. Manoj Kumar Singh, learned counsel for the applicant, Mr. Rajesh Kumar Singh, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed by the applicant in Case Crime No.731 of 2017, under Sections 498A, 304B I.P.C. & Section 3/4 Dowry Prohibition Act, Police Station Kotwali Dehat, District Bahraich. 3. As per version of F.I.R. applicant is husband. Marriage of the applicant had taken place with the deceased about six years back. It is alleged that in-laws were not happy with the given dowry and there was a demand of additional dowry. It is also alleged that since the demand of dowry was not fulfilled, victim was tortured and beaten, regarding which a case was also filed in the Court, which is in process. It is further alleged that even applicant and his family members had come in the house of the victim and requested for excuse and took the victim with them but inspite of that on 20.04.2017 at 6.00 P.M. complainant received an information that his sister had been killed and when the family members of the victim reached at the place of occurrence, they found that the deceased had died. It is submitted that applicant's marriage had taken place more than seven years back, so the Section 498A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, would not be applicable in this case. 4. Opposing the bail, learned A.G.A. has stated that as per contents of the F.I.R. marriage had taken place six years back and Gauna had taken place about three years back. As per post mortem report, death was caused due to ante mortem strangulation. There is no explanation for this injury on behalf of the applicant as to how she was strangulated to death. Applicant is husband and no explanation has been given for death of the deceased. 5. In view of the above mentioned facts, I do not find it to be a fit case for bail. Accordingly, the bail application is rejected. ….. 6. In compliance of this Court's order dated 08.10.2018 and 25.10.2018, Dr. Rama Shankar Gupta, is present in Court and has filed typed copy of post mortem report along with his personal affidavit. 5. In view of the above mentioned facts, I do not find it to be a fit case for bail. Accordingly, the bail application is rejected. ….. 6. In compliance of this Court's order dated 08.10.2018 and 25.10.2018, Dr. Rama Shankar Gupta, is present in Court and has filed typed copy of post mortem report along with his personal affidavit. In para 8 of the affidavit, it has been stated that due to heavy work load hand writing of the deponent has become poor while scribing post mortem report. 7. The explanation given by Dr. Rama Shankar Gupta is not satisfactory. Time and again this Court as well as the State Government by issuing Government Order had instructed the doctors to scribe post mortem report and injury report in such handwriting which could be readable to all stakeholders including the Court, so that speedy justice may be imparted but it is because of the poor handwriting while scribing the post mortem report, disposal of this case was sufficiently delayed. 8. A Division Bench of this Court in Writ Petition No.24520 (MB) of 2018 [Anjum & others Vs. State of U.P. through Principal Secretary Home & others] has held as under :- "8. In context of the issue raised by virtue of unreadable medical reports, as in this case, we would like to refer to order dated 19.12.2012, passed in Crl. Misc. Case No.6750(B) of 2012 Chhabiraj versus State of U.P. The relevant portion reads as under : "3. Photo copy of the medical report has been authored in C.H.C., Pratappur, Kamaicha, Chanda, District Sultanpur. Because photo copy is not readable, obviously, the typed copy would not depict the correct picture. 4. The relevance of medico legal report in cases of hurt, homicide or suicide is enormous. In a case of incised wound, the injury depicted in the medico legal report/post mortem report can clarify whether the knife was sharp on one side or both sides ; the size of the blade ; the force with which the knife has been thrust in the body and the direction from which the knife has been thrust. Likewise, in blunt injuries, explanation of the injury in the medico legal report speaks volumes about the manner in which the injury might have been caused. Likewise, in blunt injuries, explanation of the injury in the medico legal report speaks volumes about the manner in which the injury might have been caused. It assists the Court in formulating an opinion in regard to the manner in which an incident might have taken place. 5. The judicial system is facing serious problems because ocular testimony is given only by interested witnesses. There is always an apprehension in the mind of the Court that the ocular version might be false so as to falsely implicate the accused or make the offence more serious by way of exaggerating the role of the accused. The number of accused is also increased so as to implicate the entire family/friends. 6. The medico legal report, if given clearly, can either endorse the incident as given by the eye witnesses or can disprove the incident to a great extent. This is only possible if a detailed and clear medico legal report is furnished by the doctors, with complete responsibility. The medical reports, however, are written in such shabby handwriting that they are not readable and decipherable by advocates or Judges. It is to be considered that the Medico Legal reports and Post Mortem Reports are prepared to assist the persons involved in dispensation of criminal justice. If such a report is readable by medical practitioners only, it shall not serve the purpose for which it is made. This is despite the fact that computers are available in all medical facilities. In some of the States, practice is being followed where medico legal reports and post mortem reports are made on computers/printers. 7. Let Director General of Medical & Health, U.P. remain present in Court on 6.11.2012 alongwith author of the medical report as inscribed in Case Crime No.286 of 2012, under Section 307, Police Station Chanda, District Sultanpur. 8. Let a copy of this order be conveyed to the concerned authority through Shri Anurag Varma, Additional Government Advocate." 3. An affidavit has been filed by Dr. T.P.Singh, Joint Director, Medical Care alongwtih a circular issued to various subordinate authorities dated 8.11.2012. The Circular is extracted here below :- "From, Director General, Medical & Health Services, Uttar Pradesh, Lucknow. To, 1-All Divisional Additional Directors, Medical Health and Family Welfare, Uttar Pradesh. 2-All Chief Medical Officer, Uttar Pradesh. 3-All Principal/Chief Medical Superintendent/Superintendent, District Men/Women/Combined Hospitals, Uttar Pradesh. T.P.Singh, Joint Director, Medical Care alongwtih a circular issued to various subordinate authorities dated 8.11.2012. The Circular is extracted here below :- "From, Director General, Medical & Health Services, Uttar Pradesh, Lucknow. To, 1-All Divisional Additional Directors, Medical Health and Family Welfare, Uttar Pradesh. 2-All Chief Medical Officer, Uttar Pradesh. 3-All Principal/Chief Medical Superintendent/Superintendent, District Men/Women/Combined Hospitals, Uttar Pradesh. Letter No: 11F/5470-72 Lucknow, Dated 8 Nov, 2012 Sub:- C.M.C. No.6750 (B) of 2012 Chhabiraj Vs. State of U.P. In re: Case Crime No.286/2012 under Section 307 I.P.C., police station Chanda, District Sultanpur. Sir, Ensure strict compliance of the directions given by the Hon'ble High Court, Lucknow Bench, Lucknow, in respect of the preparation of Medico Legal Report by the Doctors in the above noted case. 1- Medico Legal Report shall be written in clear writing which is legible. 2-Simple words shall be used in the Medico Legal Report as possible. 3-Short/Short form/Abbreviation words shall not be used in the Medico Legal Report. 4-Signatures, Name and Designation of the Doctor shall clearly be mentioned who has prepared the Medico Legal Report. Enclosure: As above Signature not readable (Rama Singh) Director General" 4. I have considered the Circular issued by the authority above mentioned. 5. The Medico Legal Reports, Post Mortem Reports, and reports received from Forensic Science Laboratory from various departments, are required to be gone through and considered by various authorities involved in administration of criminal justice system. The author of the report, if required, only comes as a witness to the Court. Preceding the date of recording evidence, there are number of stages through which the case passes and such reports are relevant at every stage. Under the circumstances the reports are required to be furnished with complete clarity, and preferably computer printer generated or type written. It is required that the investigating officers while filing chargesheets, may also file alongwith handwritten Medico Legal Reports/Injury reports and Post Mortem Reports, their verbatim typed or computerized version, duly certified by the authors of those documents or the head of the concerned hospital. These typed versions of Medico Legal Reports/Injury Reports and Post Mortem Reports would neither be a substitute of the original one nor would be taken as a supplement, however, they would facilitate not only the courts but also the counsel for the prosecution and the defence to clearly understand their contents and accordingly assist the court. 6. These typed versions of Medico Legal Reports/Injury Reports and Post Mortem Reports would neither be a substitute of the original one nor would be taken as a supplement, however, they would facilitate not only the courts but also the counsel for the prosecution and the defence to clearly understand their contents and accordingly assist the court. 6. The respondent State may consider making efforts to provide the required infrastructure at every place where such reports are prepared. It would be desirable if the said infrastructure is provided within stipulated time, in view of its relevance and importance. 7. In the meantime, the Circular issued vide order dated 8.11.2012 as extracted above, be strictly followed." (Emphasised by us) 9. From the above extracted order, relevance of clearly inscribed medical report for various purposes has been highlighted. Directions have been issued by this Court which have been clearly endorsed by Director General, Medical & Health Services, U.P. Lucknow vide circular dated 8.11.2012, as extracted in above extracted order." In another case the [Writ Petition MB No. 22096 of 2018 Fahad and others Vs. State of U.P. through Principal Secretary Home], Division Bench of this Court has held as under :- "11. By virtue of this order we again reiterate that the relevance of medico legal report in cases of hurt, homicide or suicide is enormous. In a case of incised wound, the injury depicted in the medico legal report/post mortem report can clarify whether the knife was sharp on one side or both sides ; the size of the blade ; the force with which the knife has been thrust in the body and the direction from which the knife has been thrust. Likewise, in blunt injuries, explanation of the injury in the medico legal report speaks volumes about the manner in which the injury might have been caused. It assists the Court in formulating an opinion in regard to the manner in which an incident might have taken place and what penal provision to invoke. 12. The judicial system is facing serious problems because ocular testimony is given only by interested witnesses. There is always an apprehension in the mind of the Court that the ocular version might be false so as to falsely implicate the accused or make the offence more serious by way of exaggerating the role of the accused. 12. The judicial system is facing serious problems because ocular testimony is given only by interested witnesses. There is always an apprehension in the mind of the Court that the ocular version might be false so as to falsely implicate the accused or make the offence more serious by way of exaggerating the role of the accused. The number of accused is also increased so as to implicate the entire family/friends. 13. The medico legal report, if given clearly, can either endorse the incident as given by the eye witnesses or can disprove the incident to a great extent. This is only possible if a detailed and clear medico legal report is furnished by the doctors, with complete responsibility. The medical reports, however, are written in such shabby handwriting that they are not readable and decipherable by advocates or Judges. It is to be considered that the Medico Legal reports and Post Mortem Reports are prepared to assist the persons involved in dispensation of criminal justice. If such a report is readable by medical practitioners only, it shall not serve the purpose for which it is made. This is despite the fact that computers are available in all medical facilities. In some of the States, practice is being followed where medico legal reports and post mortem reports are made on computers/printers. 14. We cannot ignore the conduct of Dr. Ashish Saxena who has clearly committed infraction of circular dated 8.11.2012 issued by Director General Medical and Health Services and also orders of the Court. Substantial time of the Court has been wasted because the medical report made by the doctor is not in readable hand but is also deceptive in content. 15. As noticed above in detail the injury report authored by the Doctor is confusing, misleading and surely improper." 9. In view of above circumstances, the explanation given by Dr. Rama Shankar Gupta, E.M.O., District Hospital, Bahraich cannot be accepted and he cannot be excused. 10. Accordingly, a cost of Rs.5,000/-is imposed upon Dr. Rama Shankar Gupta which would be deposited by him within a period of 10 days in the Library Fund of Oudh Bar Association. In case the cost amount is not deposited within the stipulated time in the prescribed account, the cost amount shall be deducted from the salary of Dr. Rama Shankar Gupta. 11. Rama Shankar Gupta which would be deposited by him within a period of 10 days in the Library Fund of Oudh Bar Association. In case the cost amount is not deposited within the stipulated time in the prescribed account, the cost amount shall be deducted from the salary of Dr. Rama Shankar Gupta. 11. Let a copy of this order be forwarded to Director General, Medical Health, Government of U.P. for keeping a copy in the personal record of doctor concerned.