Anish Kumar Sinha @ Anish Kumar v. The State of Jharkhand

CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner For the State : Mr. Navin Kumar, Advocate : Mr. P.D. Agrawal, Spl. P.P. Order No.06 Dated- 04.08.2023 ------ Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Kotwali P.S. Case No. 107 of 2021 registered under Sections 420, 120B, 188 of the Indian Penal Code and Section 27 (b) (ii) read with 18 (c) of the Drugs and Cosmetics Act, 1940 and Sections 51/ 58 of the Disaster Management Act, 2005. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner got himself acquainted with the co-accused person who was running medical store and on demand, the petitioner provided him Remdesivir injections procured in an illegal manner. It is further alleged that the petitioner was working in a hospital and sold one Remdesivir injection at the cost of Rs.

20,000/-. It is then submitted that the allegations against the petitioner are all false and the petitioner has no concern with the co-accused Rajeev Kumar Singh and nothing has been recovered from the possession of the petitioner. It is further submitted by learned counsel for the petitioner that the petitioner has no criminal antecedent, as mentioned in paragraph 19 of the anticipatory bail application. It is next submitted that the petitioner is ready to co-operate with the investigation of the case and also undertakes to deposit Rs. 2,50,000/-with the Deputy Commissioner, Ranchi without prejudice to his defence, subject to final decision in the case and for the same, the learned counsel for the petitioner has filed the supplementary affidavit in which he undertakes to deposit the said amount. It is lastly submitted that the co-accused person has already been given the privilege of anticipatory bail by this Court vide order dated 07.02.2022 in A.B.A. No.416 of 2022.

Hence, it is submitted that the petitioner be given the privilege of anticipatory bail on the principle of parity. The learned Spl. PP opposes the prayer for anticipatory bail of the petitioner. Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioner shall be released on bail on showing the proof of depositing Rs. 2,50,000/- with the Deputy Commissioner, Ranchi without prejudice to his defence, subject to final decision in the case and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned AJC II, Ranchi in connection with Kotwali P.S. Case No. 107 of 2021 subject to the condition that the petitioner will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile number during the pendency of the case along with the other conditions laid down under section 438 (2) Cr. P.C. In case the petitioner deposits the aforesaid amount with the Deputy Commissioner, Ranchi, learned court below will pass an appropriate order regarding the same at the time of conclusion of trial. Sonu/Gunjan- (Anil Kumar Choudhary, J.)