ASHISH VASHISTH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) These three bail applications have been filed under Sec. 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with the First Information Report No. 593 of 2021, registered with Police Station Kotwali City, Haridwar, District Haridwar for the offence under Ss. 188, 269, 270, 420, 467, 468, 471, 120B of IPC, Sec. 3 of the Epidemic Diseases Act, 1897 and Sec. 53 of the Disaster Management Act, 2005.

(2.) Facts, to the limited extent necessary, are that the informant Dr. Shambhu Kumar Jha, Chief Medical Officer, Haridwar lodged an FIR on 17/6/2021 with the allegations that a complaint was made by a person to the Indian Council of Medical Research (in short, "I.C.M.R.") that his Aadhar Card Number and Mobile Number were used for conducting Rapid Antigen Test, but, no sample was given by him. The said complaint was sent back by the I.C.M.R. to the Health Department of Uttarakhand on 14/5/2021. During the investigation, evidence are found to the effect that the name of the sample collection centre for Rapid Antigen Test was shown as "M/s. Max Corporate Service Kumbh Mela" and sample was tested by "Nalwa Laboratories Pvt. Ltd.", Hisar. Mr. Sharat Pant and his wife Smt. Mallika Pant (accused persons) were partners of "M/s. Max Corporate Services". These two persons, namely Mr. Sharat Pant and Smt. Mallika Pant, executed an MoU with "Nalwa Lab", Hisar and "Dr. Lalchandani Lab", Delhi stating that their company is registered under the Companies Act, 1956. Mr. Sharat Pant, the applicant-accused had submitted an affidavit dtd. 11/1/2021 stating therein that "Dr. Lalchandani Labs", and "Nalwa Laboratories Pvt. Ltd." belong to him (Sharat Pant) and by misleading the Kumbh Mela Officer, got the contract for testing of Covid-19 from the Government, whereas, their firm was not authorized to conduct test for Covid-19 as per the guidelines of ICMR due to lack of testing lab with their firm. The applicant-accused Ashish Vashisth was a Director of Pathology Lab, "Delphia" in Bhiwani, Haryana. The applicants had prepared forged testing report, uploaded on Web-portal of I.C.M.R. and submitted bills of about Rs.4.00 Crore, out of which, they had withdrawn Rs.15,41,670.00.

(3.) Heard Mr. Arvind Vashish, the learned Senior Advocate assisted by Mr. Hemant Singh Mehra, the learned counsel for the applicant-Ashish Vashisth, Mr. Navneet Kaushik, the learned counsel for the applicants, Sharat Pant and Smt. Mallika Pant and Mr. T.C. Agarwal, the learned Deputy Advocate General assisted by Mr. Rohit Dhyani, the learned Brief Holder for the State and perused the record.