MANISH BHANDARI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri G.S. Chaturvedi learned Senior Counsel assisted by Sri Shishir Tandon for the applicant and Sri Vimlendu Tripathi, learned AGA for the State.

(2.) The applicant is the accused in Case Crime No. 428/2017 under Sections 406 and 120 B IPC, P.S. Gulariha, District Gorakhpur. The applicant has been arraigned in the proceedings consequent to an incident that took place at the BRD Medical College, Gorakhpur (BRD) which had alleged wrongdoings by various individuals in connection with the death of infants and children who were admitted therein and some of whom were said to be suffering from Japanese Encephalitis. The allegation in the first information report insofar as the present applicant is concerned is to the following effect.

(3.) It is alleged that oxygen supply to the various units and Department of BRD was disrupted leading to an alarming situation and general chaos in the medical college. The FIR alleges that the applicant a Director of Pushpa Sales Pvt. Ltd. [Pushpa Sales], the supplier of oxygen, failed to carry out its obligations, acted in violation of a legal notice and contract thus contributing to the atmosphere of panic and resulting in the causation of events which occurred consequent to the disruption in the supply of oxygen. The bail application of the applicant has come to be rejected by the Court below by holding that it was prima facie evident from the material and evidence that the supply of oxygen was disrupted without justifiable cause by Pushpa Sales.