Rajasthan High Court - Jodhpur
Bhupendra Singh vs State on 9 June, 2021
Bench: Sandeep Mehta Judge)
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 7073/2021
Bhupendra Singh S/o Fatah Singh, Aged About 24 Years, R/o
Jyoti Nagar, Near Sant Teresa School, P.s. Savina, Dist. Udaipur
(Presently Lodged In Distt. Jail, Udaipur)
----Petitioner
Versus
State, Through PP
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 7074/2021
Praveen S/o Rajesh, Aged About 25 Years, Boharwari, Salumber,
Dist. Udaipur (Raj.). (Presently Lodged At Central Jail, Udaipur).
----Petitioner
Versus
State, Through PP
----Respondent
For Petitioner(s) : Mr. Sanjay Raj Paliwal (through VC)
Mr. Rajendra Singh (through VC)
For Respondent(s) : Mr. Mohd. Javed Gauri, PP
Mr. Ram Sumer Meena, CI Police
Station Hiran Magri, Udaipur
HON'BLE MR. JUSTICE SANDEEP MEHTA (VACATION JUDGE)
Judgment
09/06/2021
These two bail applications have been filed under Section
439 Cr.P.C. on behalf of the petitioners, who are in custody in
relation to FIR No.80/21, Police Station Hathipole, District Udaipur
for offences under Sections 420, 120-B of the IPC, Sections 17,
17(A), 17(B), 17(B)(1), 27(C), 27 (D) of the Drugs and Cosmetic
Act, 1940, Sections 53, 51 of the Disaster Management Act and
Section 3/7 of the Essential Commodities Act.
(2 of 3) [CRLMB-7073/2021]
Heard learned counsel for the petitioners and learned Public
Prosecutor and perused the material available on record.
The petitioners are in judicial custody for the above offences
which are magistrate triable. It is vehemently and fervently
contended by counsel representing the petitioners that there is no
evidence to show that the petitioners had procured the injection in
question from any hospital or medical institution. They urge that
in these circumstances, the offence, if any, would not be covered
by any statute other than the Drugs and Cosmetic Act, 1940 for
which, the prosecution can only be launched through a complaint
filed by a competent officer in the court concerned. It is further
submitted that the present one is the only case registered against
the petitioners for the allegation of indulging in black-marketing of
remdesivir injection. The investigation is complete and charge-
sheet has been filed. On these grounds, learned counsel craves
indulgence of bail to the petitioners.
Per contra, learned Public Prosecutor vehemently and
fervently opposes the submissions advanced by the petitioners'
counsel. However, he too is not in a position to dispute the fact
that present one is the only case registered against the petitioners
with the allegation of indulging in black-marketing of remdesivir
injection.
There is substance in the submission of the petitioners'
counsel that the IO has not collected any evidence to show that
the petitioners were in manner connected with any hospital or any
other medical institution. Investigation is complete and charge-
sheet has been filed against the petitioners for the above offences
which are magistrate triable.
(3 of 3) [CRLMB-7073/2021]
In this background and having regard to the overall facts and
circumstances of the case as available on record, this Court is
inclined to extend indulgence of bail to the accused petitioners.
Accordingly, the bail applications are allowed and it is directed that
the accused-petitioners (1) Bhupendra Singh S/o Fatah Singh &
(2) Praveen S/o Rajesh arrested in connection with the F.I.R.
No.80/2021 registered at Police Station Hathipole, District Udaipur
shall be released on bail provided each of them furnishes a
personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/-
each to the satisfaction of the learned trial court with the
stipulation to appear before that Court on all dates of hearing and
as and when called upon to do so.
(SANDEEP MEHTA),VJ
7 & 8-Sudhir Asopa/-
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