Bench allowed bail to an applicant charged under IPC and Epidemic Disease Act for alleged fake vaccination camp organization, noting investigation completion and lack of factual basis for money receipt.
Released on bail with P.R. Bond of Rs.25,000/- and sureties; report at Kandivali Police Station on first Sunday of every trimester.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
Digitally signed by SALGAONKAR SALGAONKAR M M M M Date: 2023.04.05 23:58:08 +0530
BAIL APPLICATION NO.275 OF 2022
Dr.Manish Tripathi .. Applicant Versus The State of Maharashtra .. Respondent
WITH
BAIL APPLICATION NO.1121 OF 2022
Dr.Manish Tripathi .. Applicant Versus The State of Maharashtra .. Respondent
… Ms.Nazneen Khatri with Mr.Sagar Samel, Mr.Adil Khatri, Ms.Nausheen Siddiqui, Mr.Sagar Samel and Ms.Ayisha Shaikh for the Applicant.
Ms.Anamika Malhotra, A.P.P. for the State/Respondent.
CORAM: BHARATI DANGRE, J.
RESERVED ON : 29th MARCH, 2023 PRONOUNCED ON : 05th APRIL, 2023
ORDER :-
M.M.Salgaonkar
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In the C.R registered with Samta Nagar Police Station, he is alleged to have administered fake vaccines to several persons and the complainant-Medical Offcer with Brihanmumbai Municipal Corporation reported that for administering vaccines in private hospitals, permission is granted by the Corporation and in accordance with the guidelines prescribed by Government of India, vaccination drives were undertaken. According to him, several hospitals and private institutions, were granted permission to administer such vaccines, but it is necessary that those, who are desirous of obtaining the vaccine, must register their names on Cowin App. The Government of India had fied rate of Covishield and Covaiin and, necessarily, the said guidelines are imperative.
On 18/06/2021, it was informed that a vaccination camp was organised in Aditya College, Mhatrewadi, Borivali and alongwith the report, it was intimated that a complaint was lodged against the Applicant, Mahendra Singh, Rajesh Pandey and Sanjay Gupta, who are alleged to have defrauded Amey Public Charitable Trust. This lead to further inquiries and it was noted that said camp was organised by S & P Event Management Company through Sanjay Gupta, Mahendra
M.M.Salgaonkar
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Singh and Rajesh Pandey, Chief Manager of Kokilaben Ambani Hospital and an amount of Rs.1,260/- per benefciary was released by cash and UPI. It was noticed that the camp was faui pas, as 213 persons not registered on Cowin App, were presumed to have been administered the vaccine. Apart from this, the allegation faced was that there was violation of Epidemic Diseases Act.
The Applicant is alleged to be guilty of accepting the amount alongwith Mahendra Singh, the main Accused.
In the said C.R., the Applicant came to be arrested on 29/06/2021.
M.M.Salgaonkar
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In the wake of the above, the Applicant deserve his release on bail.
It is made clear that the observations made above are, prima facie , in nature and limited for the purpose of determination of the present Application and the learned Judge, trying the Applicant for the offences with which he is charged, shall not in any manner, be influenced by the above order.
M.M.Salgaonkar
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: ORDER :
(a) Applications are allowed.
(b) Applicant-Dr.Manish Tripathi shall be released on bail on furnishing P.R. Bond to the eitent of Rs.25,000/-, with one or two sureties in the like amount, in each of the CRs registrered with distinct Police Stations, mentioned as under :-
| Bail Application Number |
C.R.No. | Police Station |
|---|---|---|
| 275/2022 | 591/21 | Kandivali |
| 1121/2022 | 533/21 | Samta Nagar |
(c) In order to ensure the presence of the Applicant in the trial, he shall mark his attendance in Kandivali Police Station, on frst Sunday of every trimester, between 10.00 a.m. to 11.00 a.m.
(d) The Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Offcer. The applicant shall not tamper with evidence.
( SMT. BHARATI DANGRE, J.)
M.M.Salgaonkar
2 issues framed by the court
Whether the applicant deserves release on bail given serious charges but lack of evidence of receipt of funds.
Whether to impose special conditions on release to ensure fairness and prevent tampering.
3 provisions across 3 enactments
Dr. Manish Tripathi
The State of Maharashtra
Bharati Dangre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
