Allowed

Nilesh Kumar v. State of Haryana

Punjab & Haryana HC13 Feb 2024CRM-M/586/2024

Case brief

AI extract

What is this about?

Regular bail sought under Section 439 CrPC in a case of misappropriated anti-rabies vaccine from Bihar government hospitals. Investigation concluded, charges framed, petitioner detained about eight months, and co-accused Parveen already bailed. The Court allowed the petition, ordering release on bail without commenting on merits.

What did the court decide?

Petitioner to be released on regular bail on furnishing adequate bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate.

Nilesh Kumar Vs State of Haryana — Cheating and Forgery | Punjab & Haryana HC (2024)

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220 2024:PHHC:019730

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IN THE HIGH COURT OF PUNJAB AND HARYANA

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AT CHANDIGARH

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CRM-M-586-2024

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Date of Decision: February 13, 2024

NILESH KUMAR

........Petitioner

Versus

STATE OF HARYANA ........Respondent

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CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

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Present: Mr. Gurbir Singh Sidhu, Advocate and Mr. Rajiv Kumar Saini, Advocate for the petitioner. Mr. Rajiv Sidhu, DAG, Haryana.****

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HARKESH MANUJA, J. (ORAL)

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By way of this second petition filed under Section 439 CrPC, prayer has been made for grant of regular bail in case FIR No.174 dated 24.03.2023 registered under Sections 379, 420, 467, 468, 471 & 120-B IPC and Sections 18A and 18(c) of Drugs and Cosmetics Act, 1940 at P.S. Hisar City District Hisar wherein the petitioner was implicated on the basis of disclosure statement made by co-accused Anirudh who was implicated on the basis of disclosure statement made by Parveen for having supplied anti-rabies vaccine injections which were meant for usage in the Government Hospitals within the State of Bihar.

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The prayer made herein has been opposed at the instance of learned State counsel while submitting that the petitioner is the main supplier who is working in Health department of Government of Bihar and was supplying anti-rabies vaccine injections to the co-accused from the supply meant to be used in Bihar Government Hospitals and has

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thus, in a way caused mistrust to the public at large.

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TEJWINDER SINGH 2024.02.14 12:56 I attest to the accuracy and integrity of this document

CRM-M-586-2024

2024:PHHC:019730

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I have heard learned counsel for the parties and gone through the paper book. I find substance in the submissions made on behalf of the petitioner.

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In the present case, investigation stands concluded with the filing of challan followed by framing of charges. The petitioner is behind the bars for a period of almost 8 months by now and the case is triable by magistrate. Moreover, the co-accused namely Parveen has already been granted the concession of regular bail vide order dated 08.01.2024 passed by this Court in CRM-M-51617-2023. Considering the aforesaid facts and circumstances, this Court does not find justification to extend his incarceration any further.

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In view of the above, without commenting anything on the merits, lest it may prejudice the case of either side, the present petition is allowed and the petitioner is ordered to be released on regular bail on his furnishing adequate bail/surety bonds to the satisfaction of the concerned learned trial Court/Duty Magistrate.

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13.02.2024 Tejwinder	(	HARKESH MANUJA) JUDGE
	Whether speaking/reasoned	Yes/No
	Whether Reportable	Yes/No

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TEJWINDER SINGH 2024.02.14 12:56 I attest to the accuracy and integrity of this document

Nilesh Kumar v. State of Haryana

Case brief

What is this about?

What did the court decide?

Nilesh Kumar v. State of Haryana

Case brief

What is this about?

What did the court decide?

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