Harshit Kesharwani vs State Of Madhya Pradesh

Anjuli Palo, J

This is first application under Section 439 of Cr.P.C. for grant of bail filed on behalf of applicant - Harshit Kesharwani who has been arrested in

connection with Crime No.359/2021 registered at Police Station- Cantt. District- Sagar for commission of offences under Sections 188 and 420 of the

Indian Penal Code and Sections 3 and 7 of the Essential Commodities Act and Sections 53 and 57 of the Disaster Management Act and Section 3 of

the Epidemic Act. The applicant is in custody since 04.05.2021.

As per prosecution case, police received information that the applicant was selling and black-marketing Injection- Remdesivir. Hence, police reached

the spot near railway station and seized two Injections- Remdesivir from the application.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. It is contended that it is first crime

registered against the applicant. The applicant was black-marketing the Remdesivir injection but he was keeping the same for his personal

requirement. It is also contended that COVID 19 test of the applicant was performed and he was found positive. Learned counsel for the applicant

submitted that in similar circumstances, a Coordinate Bench of this Court vide order dated 14.07.2021 passed in M.Cr.C. 26337/2021 has granted bail

to the accused. Learned counsel for the applicant also relied on certain other orders passed by this Court annexed with the petition. Hence, it is prayed

that the applicant be released on bail.

Learned Panel Lawyer for the State has strongly opposed the bail application.

Considering the facts and circumstances of the case as well as keeping in view the principle of parity without commenting on the merits of the case,

this application is allowed. It is directed that Applicant- Harshit Kesharwani be released on bail on his furnishing a personal bond in the sum of

Rs.1,00,000/- (Rupees One Lac only) with one solvent surety, in the like amount to the satisfaction of the concerned trial Court for his appearance on

the dates so fixed by that Court during trial. It is made clear that if the applicant is found involved in similar offence in future, this order of bail shall

stand ineffective. The applicant shall comply with the provisions of Section 437 (3) of the Cr.P.C.

Accordingly, the application is allowed and disposed of.