Madhya Pradesh High Court
Dr. Vinay Shankar Tripathi vs The State Of Madhya Pradesh on 28 September, 2021
Author: Sujoy Paul
1 M.Cr.C. No.43346/2021
The High Court of Madhya Pradesh Bench at Indore
M.Cr.C. No.43346/2021
Dr.Vinay Shankar Tripathi Vs. State of M.P.
Indore, Dated:28.09.2021
Shri A.M. Mathur, learned Sr.Counsel with Shri Abhinav
Dhanodkar, learned counsel for applicant.
Shri Valmik Sakargayen, learned Panel Lawyer for
respondent/State.
This is the second application filed by the applicant/accused
under Section 439 of Cr.P.C for grant of bail in connection with
Crime No.10/2021 registered at Police Station, Crime Branch,
Distt. Indore for the offences registered under Sections 420, 274,
275, 276, 188, 467, 468, 471 of IPC and Sec.18A, 18(a)(i), 18(a)
(iv), 27 of Drugs & Cosmetic Act, 1940 and Sec.3 of Epidemic Act,
1897.
The first application M.Cr.C. No.25736/2021 was dismissed
as withdrawn on 7/6/2021. Shri Mathur, learned Sr.Counsel
submits that applicant was detained under the NSA. This Court has
set aside the detention order in WP No.9529/2021. For committing
offence u/Ss.274, 275 and 276 the sentence prescribed is only for a
period of six months. No case is made out for attracting Sec.420,
467, 468 and 471 of IPC. The provisions of Drug and Cosmetics
Act are not applicable. The necessary formalities to fulfil the
requirement of said Acts were not take care of. Applicant has not
forged anything and, therefore, he may be enlarged on bail. More
so when he is in custody since 15/4/2021. Reliance is placed on an
order of Supreme Court in Sarvar Khan Vs. The State of M.P.
passed in SLP(Cri.) No.6523/2021.
The prayer is opposed by Shri Sakargayen, learned PL. Shri
Sakargayen submits that 400 fake Remdesivir injections were
recovered from the applicant. Applicant was running a factory in
Pithampur Industrial area in the year 2012 onwards. It appears that
these fake injections were manufactured by him in order to black
market them and earn money out of it. The applicant stated that he
has received these injections from a factory situated in Himachal
Pradesh. During investigation, it is found that said factory has
denied the said fact. The applicant was making an attempt to
illegally got his product of Remdesivir injection patented.
However, before said product could get any authorisation under the
relevant statutory provisions and patent laws etc, the applicant even
put his manufacturing date and date of expiry on the Remdesivir
injections. He vehemently opposed the bail application.
I have heard the learned counsel for parties at length and
perused the case diary.
This Court has granted bail to certain accused persons from
whose possession 2-3 Remdesivir injections were recovered. The
Apex Court in Sarvar Khan (supra) granted bail considering the
facts and circumstances of the said case. It is not clear from the
order of Apex Court as to what was the factual backdrop of the case
of Sarvar Khan (supra). Thus, no reliance can be placed on the
said order.
The allegations against the applicant are very serious. A
huge quantity (400 Remdesivir injections) were recovered from the
applicant's possession. As per prosecution story, the applicant
fabricated/doctored certain documents and letter heads of
pharmaceutical company. The applicant is a highly educated
person. The gravity of accusation is a relevant factor for the
purpose of deciding a bail application. Supreme Court in its recent
judgment reported in the matter of Rekha Sengar Vs. State of M.P
(2021) 3 SCC 729 opined that nature of charges and allegations are
relevant for the purpose of considering a bail application filed
u/S.439 Cr.P.C.
Considering the magnitude and grave nature of accusations,
in the opinion of this Court it is not a fit case to grant bail to the
applicant at this stage. The bail application is accordingly
dismissed.
(SUJOY PAUL)
Judge
vm
Digitally signed by
VARGHESE MATHEW
Date: 2021.09.29
14:24:26 -07'00'
