Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Del) 1931

IN THE HIGH COURT OF DELHI AT NEW DELHI
Anu Malhotra, J.
Dr. L. Praveen Kumar - Appellant
Versus
Central Bureau Of Investigation - Respondent
Bail Appln. No. 2202 of 2022, Crl. M. (Bail) 885 of 2022, Bail Appln. No. 2290 of 2022, Crl.M.(Bail) No. 915 of 2022, Bail Appln. No. 2262 of 2022
Decided On : 05-09-2022

Advocates appeared:
Mr. Rajiv Nayar and Mr. Trideep Pais, Senior Advocates with Mr. Mahesh Agarwal, Mr. Rishi Agarwala, Mr. Avishkar Singhvi, Mr. Shubham, Mr. Vishnu T. Mr. Parminder Singh, Mr. Ashish Hira, Mr. Sandeep & Mr. Kumar Satyam Agarwal, Advocates., for the Petitioner; Mr. Anupam S Sharrma, SPP for CBI with Mr. Anurag K Andley, Mr. Prakarsh Airan & Ms. Harpreet Kalsi, Advocates. Inspector Pushpender Parashar, CBI, ACB, New Delhi., for the Respondent; Mr. Siddharth Aggarwal, Sr. Adv., Mr. Davesh Bhatia, Mr. Rajat Mathur, Mr. Raghvendra N. Budholia, Mr. Vishwajeet, Ms. Priya Pachouri, Mr. Udbhav, Advs., Mr. Arun Khatri, Mr. Akshay, Mr. Sahil Khurana, Ms. Shalini Halder, Mr. Mohit, Ms. Saumya, Advocats., for the Petitioner in Bail Appln. 2290/2022, Crl.M.(Bail) 915/2022; Mr. Mohit Mathur, Sr. Advocate with Sh. Arun Khatri, Mr. Akshay, Mr. Sahil Khurana, Mr. Mohit, Ms. Shalini and Ms. Saumya, Advocates., for the Petitioner in Bail Appln. 2262/2022

The court held that the applicants were entitled to be released on bail on their furnishing a personal bond in the sum of Rs.1,00,000/- each with two sureties of the like amount to the satisfaction of the Trial Court with directions.

Headnote:
BAIL - [KEYWORD] - [SUBJECT] - [ACT SECTION LIST] - [SUMMARY]
Fact of the Case:

The CBI filed an FIR against Dr. S. Eswara Reddy, Joint Drug Controller (JDC), India at Head Quarter, CDSCO, New Delhi, Ms. Guljit Sethi @ Guljit Chaudhri, Director M/s Bioinnovat Research Services Private Limited, Delhi; Sh. Dinesh Dua, Director, M/s Synergy Network India Private Limited, Delhi; Sh. L. Praveen Kumar, Associate Vice President and Head-National Regulatory Affairs (NRA), M/s Biocon Biologics Limited, Bangalore; Sh. Animesh Kumar, Assistant Drug Inspector (ADI), CDSCO, New Delhi and other unknown officials of CDSCO, New Delhi for the alleged commission of offences punishable under Sections 7, 7A, 8 of PC Act, 1988 and under Sections 120-B, 420, 468 and 471 of Indian Penal Code, 1860.
Finding of the Court:

The court found that the applicants were not flight risks and that they had roots in society. The court also found that the investigation in the matter had been completed and that the charge sheet had been filed. The court further found that the offences alleged to have been committed by the applicants were punishable with imprisonment to a maximum of seven years of imprisonment.
Issues: Whether the applicants should be granted bail.
Ratio Decidendi: The court held that the applicants were entitled to be released on bail on their furnishing a personal bond in the sum of Rs.1,00,000/- each with two sureties of the like amount to the satisfaction of the Trial Court with directions.
Final Decision: The court allowed the applicants' bail applications and directed them to surrender their passports before the Trial Court at the time of submission of the bail bonds and surety bonds, to not leave the country under any circumstances, to appear before the Trial Court as and when directed, to keep their mobile phones on at all times and drop a pin on the Google map to ensure that their location is available to the Investigating Officer, to commit no offence whatsoever during the period that they are on bail in the instant case, and to make no attempt to influence the prosecution witnesses.

JUDGMENT

Anu Malhotra, J. - The applications filed by Dr. L. Praveen Kumar, Dinesh Dua and S. Eswara Reddy i.e. BAIL APPLN. 2202/2022, BAIL APPLN. 2290/2022 & BAIL APPLN. 2262/2022 respectively are taken up together, in as much as, all the three applicants seek the grant of bail in relation to FIR No. RC0032022A0037 dated 19.06.2022 filed by the CBI/(ACB) Delhi under Sections 120B/420/468/471 of the Indian Penal Code, 1860 and Sections 7/7A/8 of the PC Act, 1988. The applicants, through their respective applications submit that they have been falsely implicated in the case.

2. The status report of the CBI in BAIL APPLN. 2202/2022 dated 26.07.2022 and status reports of the CBI in BAIL APPLN. 2290/2022 and BAIL APPLN. 2262/2022 dated 06.08.2022 are premised on the same facts.

3. The version put forth by the CBI is to the effect that the FIR/RC bearing case no. RC0032022A0037, CBI, ACB, Delhi was registered by Respondent/CBI on 19.06.2022 on the basis of source information against:

(1) Sh. S. Eswara Reddy, Joint Drug Controller (JDC), India at Head Quarter, CDSCO, New Delhi (applicant of BAIL APPLN. 2262/2022),

(2) Ms. Guljit Sethi @ Guljit Chaudhri, Director M/s Bioinnovat Research Services Private Limited, Delhi;

(3) Sh. Dinesh Dua, Director, M/s Synergy Network India Private Limited, Delhi (applicant of BAIL APPLN. 2290/2022);

(4) Sh. L. Praveen Kumar, Associate Vice President and Head-National Regulatory Affairs (NRA), M/s Biocon Biologics Limited, Bangalore (applicant of BAIL APPLN. 2202/2022);

(5) Sh. Animesh Kumar, Assistant Drug Inspector (ADI), CDSCO, New Delhi and other unknown officials of CDSCO, New Delhi for the alleged commission of offences punishable under Sections 7, 7A, 8 of PC Act, 1988 and under Sections 120-B, 420, 468 and 471 of Indian Penal Code, 1860.

4. It is submitted by the CBI through the status report dated 26.07.2022 that it had been alleged in the FIR that the accused Dr. S Eswara Reddy, Joint Drug Controller, India, Head Quarter, Central Drugs Standard Control Organisation (CDSCO), New Delhi (applicant of BAIL APPLN. 2262/2022) was dealing with the processing of files related to applications for approval of drugs and vaccines by various pharma companies and in relation thereto, he received three files of M/s Biocon Biologics Limited, Bangalore including one file related to waiver of Phase-III, Clinical trial of 'Insulin Aspart Injection' for processing and approval and that a bribe amount of Rs. 30,000/- was paid by the accused Guljit Sethi to Animesh Kumar, Assistant Drug Inspector (ADI) for processing the file.

5. It is stated through the status report that the accused S. Eswara Reddy (applicant of BAIL APPLN. 2262/2022) in alleged criminal conspiracy with co-accused persons and other unknown officers of CDSCO, had manipulated minutes of meeting of Subject Expert Committee dated 18.05.2022 and further included the aforesaid third file of M/s Biocon Biologics Limited, Bangalore in SEC meeting on 15.06.2022 which resulted in wrongful gain to M/s Biocon Biologics Limited, Bangalore. It was also submitted through the said status report that the investigation conducted till then revealed that Guljit Sethi was acting as a conduit on behalf of pharmaceutical companies including above-mentioned Pharma companies and had delivered/ arranged huge bribe amounts for senior officers of CDSCO on different occasions for processing their respective files favorably and that the source revealed that Dr. L. Praveen Kumar (applicant of BAIL APPLN. 2202/2022) Associate Vice President and Head-National Regulatory Affairs (NRA), M/s Biocon Biologics Limited, Bangalore had agreed to pay an undue pecuniary advantage of Rs 9,00,000/- (Rupees Nine Lacs) as motive/reward to Dr. S. Eswara Reddy, Joint Drug Controller, CDSCO, New Delhi (applicant of BAIL APPLN. 2262/2022) for processing his file favorably and that the source further revealed that Guljit Sethi directed Dinesh Dua (applicant of BAIL APPLN. 2290/2022) to pay a part of the