Madhya Pradesh High Court
Pritesh Saklecha vs The State Of Madhya Pradesh on 1 July, 2021
Author: Vivek Rusia
Bench: Vivek Rusia
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HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
(SINGLE BENCH: HON'BLE Mr. JUSTICE VIVEK RUSIA)
M.Cr.C. No. 26889/2021
(Pritesh Saklecha V/s. The State of M.P.)
Date: 01.07.2021:
Shri Sunil Gupta, learned counsel for the applicant.
Shri Mukesh Sharma, learned panel lawyer for the
respondent/State.
ORDER
Heard through video conferencing.
This is the first bail application under section 439 Cr.P.C seeking bail in connection with Crime No.163/2021 registered at police station-Tilak Nagar, Indore for the offence punishable under section 420, 188 of the I.P.C. and Section 3 of the Disaster Management Act. The applicant is in custody since 11.05.2021.
As per prosecution story, on 11.05.2021 police station Tilak Nagar, Indore received discreet information that two persons in the car no.MP-09-CZ-3006 are in possession of remdesivir injection and they are going to sale the injection on higher price. The police reached to the spot and apprehended the present applicant. The injection was found in possession of Ankit Solanki. Since this applicant was also present in the car therefore, he was also arrested.
Learned counsel for the applicant submits that there is no material in the case diary for police to reach to the conclusion that applicant was going to sale the injection on a higher price. No prospective customer has lodged any report against the applicant. The applicant is a social worker in his support atleast 100 affidavits have been filed stating that he works for the good cause of the public. The applicant is also filed various photographs to show that he is a social worker and falsely implicated in this case. Apart from this learned counsel for the applicant further submits that uncle of this
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applicant died due to Covid-19 on 12.04.2021 and the injections were procured for him but one injection could not have been used. For the purpose of treatment of Covid-19 one injection is not sufficient, there is a prescribe dose of five injections. Nothing is going to be served by selling one injection.
Learned Panel Advocate for the respondent/State opposes the bail application.
Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, without commenting on the merits of the case, the application is allowed. The applicant is directed to be released on bail furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C.
Before releasing the applicant from the custody the jail authorities are directed to medically examine him in order to rule out the possibility of COVID-19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No.1/2020.
Certified copy as per rules.
( VIVEK RUSIA ) JUDGE Ajit AJIT Digitally signed by AJIT KAMALASANAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, postalCode=452001, st=Madhya Pradesh, KAMALASAN
2.5.4.20=156c9cedca1b74d671db9f220a5e3ed6cba241effa d892107d95ef0a1afc55b4, pseudonym=CFDFD9C36711CA738F527A5D61A1EE901C09 EF29, serialNumber=7F0BEE2D78BD57DA058F3247441C87E7E08 AN 17FB61F5E2ABCAEE63CAAA7B3B9FF, cn=AJIT KAMALASANAN Date: 2021.07.01 17:26:54 +05'30'