(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 :

12^th 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