HIGH COURT OF BOMBAY
RAJESH DAYASHANKAR PANDEY – Appellant
Versus
STATE OF MAHARASHTRA – Respondent
BA 273/2022
(5)BA-647-2022-connected.doc
rajshree
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.647 OF 2022
WITH
BAIL APPLICATION NO.274 OF 2022
WITH
BAIL APPLICATION NO.273 OF 2022
WITH
BAIL APPLICATION NO.259 OF 2022
WITH
BAIL APPLICATION NO.562 OF 2022
Rajesh Dayashankar Pandey
]
..
Applicant
vs.
State of Maharashtra
]
..
Respondent
Mr.Ashok Saraogi a/w Mukesh Mishra i/b Lawmatics India for the
Applicant in all Applications.
Mrs.A.A. Takalkar, APP for the State.
PI Ware-Kandivali Police Station, PI Madye- Borivali Police Station, PI
Anchalwar-Khar Police Station, PSI Sonawane-Versova Police Station
and PSI Gavkar-Amboli Police Station present.
CORAM :
BHARATI DANGRE, J
DATE :
12th OCTOBER, 2022.
P.C.
1]
In all the five Applications which are listed before me, the
Applicant/accused is the same and he seek his release on bail in five
distinct CRs registered with five distinct Police Stations. He face more
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(5)BA-647-2022-connected.doc
or less similar accusations in all the five CRs and common offences are
invoked against him, which involve Section 268, 270, 274, 275, 276,
308, 419, 420, 465, 467, 468, 470, 471, read with 34, 188 of the Indian
IPC. The said CRs also invoke Section 3 of Epidemic Disease Rules
as well as Section 52 of the Disaster Management Act. In two of the
CRs, provisions of Section 18, 18A, 18B, 24, 27 and 28 of the Drugs
and Cosmetics Act, are also invoked.
2]
The distinct complaints came to be lodged in Kandivali, Borivali,
Versova, Amboli and Khar Police Stations, alleging that in the Covid
vaccination camp that came to be organized in different parts of the
city, fake vaccines were administered to certain individuals, without
their names being recorded on the Covin APP, despite the Government
instructions providing that the persons who are registered, shall only be
administered the vaccine.
In Kandivali and Versova Police Stations, the allegation is also
levelled that fake certificates came to be issued.
3]
The investigation revealed that the contains of the vial, which
was projected to be the vaccine was actually not, what was projected
i.e. Covishield vaccine. In this transaction,huge amount has been
received by the accused persons and this resulted in filing of charge-
sheet against 10 accused persons in CR No.252/2021 registered with
Versova Police Station. On similar lines charge-sheets were filed in
other CRs.
4]
Heard the learned counsel Mr.Ashok Saraogi alongiwth Mukesh
Mishra i/b Lawmatics India, representing the Applicant in distinct
Applications and learned APP Mrs.A.A. Takalkar, for the State. The
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Applications were heard in the presence of Investigating Officers of all
the five police stations.
The learned counsel Mr.Saraogi would submit that when charge-
sheets placed on record, filed in five distinct cases are carefully
perused, the Applicant is not attributed any mens rea and from the
charge-sheet what has clearly surfaced on record, is role in assisting
the organization of the camps for the purpose of vaccination, but he is
not the entity who actually operated the camps where vaccines were
administered. He would further assertively submit that not a single
penny is received by the Applicant and the prosecution do not even
accuse him of any monetary gain. He would further submit that
vaccines were arranged by Shivam Hospital and even the doctors of
the said hospital are arraigned as accused and there is no material in
the charge-sheets establishing that the applicant had knowledge that
the vaccines were fake as it is only when the vaccine was forwarded to
Halfkine Institute, it was revealed, they were fake.
In absence of any mens rea attributed, the learned counsel
would submit that since the investigation is complete and charge-sheet
is already filed, his custody will serve no purpose and, therefore, he
deserve his release on bai