Madhya Pradesh High Court
Ajay Shankar Tyagi @ Ajay Tyagi vs The State Of Madhya Pradesh on 3 February, 2022
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
MCRC No.6382/2022
Ajay Shankar Tyagi @ Ajay Tyagi vs. State of M.P.
Heard through Video Conferencing
Gwalior, Dated : 03.02.2022
Shri Virendra Singh Pal, Counsel for the applicant.
Shri R.K.Awasthi, Counsel for the respondent/State.
Case diary is available.
This third repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. Second bail application of the applicant was dismissed as withdrawn by order dated 25/10/2021 passed in MCRC No.52267/2021.
The applicant has been arrested on 13/12/2020 in connection with Crime No.513/2020 registered at Police Station Padav, District Gwalior for offence under Sections 304, 420, 465, 467, 468, 471, 34 of IPC.
It is submitted by the counsel for the applicant that as per the pathology report dated 12/12/2020, the plasma supplied by the applicant was found to be diluted, but it is no-where mentioned that plasma supplied by the applicant was poisonous or unfit for human consumption.
Per contra, the application is vehemently opposed by the counsel for the respondent/State.
Heard the learned counsel for the parties.
The first bail application of the applicant has already been 2 THE HIGH COURT OF MADHYA PRADESH MCRC No.6382/2022 Ajay Shankar Tyagi @ Ajay Tyagi vs. State of M.P. dismissed on merits by a detailed order dated 01/06/2021 passed in MCRC No.24635/2021. It is fallacious on the part of the applicant to suggest that since, the plasma supplied by the applicant was found to be diluted, therefore, he has not committed any offence.
As per pathological report dated 12/12/2020, the protein in the disputed plasma was found to be 1.8 gm% whereas normal range is 6-7.8 gm% and Albumin was found as 1.1 gm% whereas normal range is 3.5-5.2 gm%, which was much less than the normal range. It is not out of place to mention here that when first wave of Covid-19 pandemic was at its peak and the patients were dying, one Manoj Gupta was admitted in the hospital being the patient of Covid-19 pandemic. At the relevant time transfusion of plasma was one of the treatment under the protocol for treatment of Covid-19 patients. The applicant provided plasma to the relatives of the deceased Manoj Gupta. When the doctors started transfusing the plasma, they found reaction and accordingly, it was stopped. Apart from the diluted plasma, two blood bags of Mitra Company containing 10 units of 450 ml, four bottles of 1000 ml., four bottles of Sodium Chloride, infusion set, syringes and various other medical equipment, receipt book of Red Cross Blood Bank, Gwalior for matching report, several cards of blood bank of matching report and other incriminating articles were seized from the possession of the applicant which 3 THE HIGH COURT OF MADHYA PRADESH MCRC No.6382/2022 Ajay Shankar Tyagi @ Ajay Tyagi vs. State of M.P. clearly indicate that he was involved in manufacturing of diluted/spurious plasma. Various seals of the authorities like J.A. Group of Hospitals, RMO, Department of Pathology, Doctor on duty, Blood Bank of JA Hospital, ADM Ramban etc. were also seized from the possession of the applicant. On one hand, where the patients were fighting for their lives against Covid-19 pandemic and on the other hand the applicant was busy in melting money by supplying spurious/diluted plasma and that too, without any authority as he is not the owner of Blood Bank etc and is not holding any license.
Considering the totality of the facts and circumstances of the case, no good ground has been made out for taking a contrary view in the matter.
Accordingly, the application fails and is hereby dismissed.
(G.S. Ahluwalia)
Abhi Judge
ABHISHEK
CHATURVEDI
2022.02.04
10:35:05 +05'30'