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Judgment
19 paragraphs · 373 wordsG.S. Ahluwalia, J
This first application under Section 439 of Cr.P.C. has been filed for grant of bail.
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 and 34 of IPC.
It is submitted by the counsel for the applicant that according to the prosecution case, the applicant introduced co-accused Ajay Tyagi with the
relatives of patient Manoj Gupta and Ajay Tyagi supplied spurious plasma to relatives of Manoj Gupta, who was seriously ill and was hospitalized in
Apollo Hospital. It is alleged that according to the prosecution case, when the doctors started giving plasma to the patient, they noticed reaction and,
therefore, it was immediately stopped. It is submitted that Manoj Gupta was admitted in the hospital on 03/12/2020 and he expired on 10/12/2020 and
there is nothing on record to show that the death of Manoj Gupta took place on account of spurious plasma.
Per contra, the application is vehemently opposed by the counsel for the State as well as counsel for the complainant. It is submitted that it was the
applicant, who introduced the relatives of deceased Manoj Gupta with Ajay Tyagi who supplied a spurious plasma. When the doctors started giving
the plasma to the patient, then they immediately noticed the reactions in his body and accordingly, transfusion of plasma was stopped. It is submitted
that as per Covid-19 treatment protocol, transmission of plasma was one of the treatment, which was to be given to seriously ill persons and in case, if
the genuine plasma had been given to the deceased Manoj Gupta, then his life could have been saved.
It is further submitted by Shri Awasthi that the plasma was examined by a team of three doctors of Pathology Department of Gajra Raja Hospital and
it was found that the said plasma was not issued by Jaya Arogya Hospital Group, Gwalior and it was of sub standard quality.
Considering the totality of the facts and circumstances of the case, this Court is of the considered opinion that it is not a fit case for grant of bail to the
applicant.
Accordingly, the application fails and is hereby dismissed.