Rajshree Malviya vs State Of Madhya Pradesh

Subodh Abhyankar, J

This is the applicant's first bail application under Section 439 of Criminal Procedure Code, 1973. She is implicated in connection with Crime

No.178/2021 registered at Police Station-Kotwali, District-Ujjain (MP) for offence punishable under Sections 188, 420, 269, 270 of the IPC, Section 3

of Epidemic Disease Act 1897, Section 24 of M.P. Ayurvedic Adhiniyam, Sections 3 & 7 of Essential Commodities Act, 1955, Section 5/13 of M.P.

Drug Control Act, Section 53& 57 of Disaster Management Act, 2005, Section 3 of Prevention of Black Marketing and Maintenance of Supplies of

Essential Commodities Act, 1980.

The applicant is in jail since 06.05.2021.

The allegation against the applicant is that she was found in possession of one remdesivir injunction when she was working as a nurse in the Charak

hospital, Indore.

Counsel for the applicant has submitted that the charge sheet has already been filed and she is in jail since 06.5.2021 and there are no other case

registered against the applicant and the final conclusion of the trial is likely to take sufficient long time. Counsel has also submitted that on the date

when the injunctions have been recovered the applicant was already on leave and in such circumstances, the seizure itself is doubtful. It is further

submitted that in the hospital each and every injunction was accounted for and in such circumstances there was no question that any injunction would

be recovered in the instance of the applicant. Thus, on the grounds of parity, it is submitted that the applicant be released on bail.

Counsel for the State, on the other hand, has opposed the prayer and it is submitted that looking to the gravity of the offence, no case is made out for

grant of bail.

Having considered the rival submissions, taking note of the fact that the charge sheet has already been filed and the final conclusion of the trial is likely

to take sufficiently long time, this Court finds forced with the contention raised by the counsel for the applicant, the application deserves to be allowed.

Accordingly, without adverting to the merits of the case, the application filed by the applicant is hereby allowed. The applicant is directed to be

released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (rupees fifty thousand) with one solvent surety of the like amount to the

satisfaction of the trial Court for his / her regular appearance before the trial Court during trial with a condition that he / she shall remain present

before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

It is also observed that if the applicant is found to be involved in any criminal activities, after his release on bail, then the present bail order shall stand

cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy as per rules.