ASHISH VASHISTH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present second bail application has been filed for grant of regular bail in connection with the Case Crime No.593 of 2021, registered with Police Station Kotwali Nagar, 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.) The First Bail Application (No.2349 of 2021) was rejected on 25/3/2022.

(3.) According to the present matter, Dr. Shambhu Kumar Jha, Chief Medical Officer, Haridwar lodged a First Information Report 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 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. The co-accused Sharat Pant and his wife Smt. Mallika Pant (co-accused) were partners of 'M/s. Max Corporate Services'. The co-accused 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. The co-accused Sharat Pant submitted an affidavit dtd. 11/1/2021 stating therein that 'Dr. Lalchandani Labs', and 'Nalwa Laboratories Pvt. Ltd.' belong to him (co-accused 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.