Civil Procedure Code (CPC)

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BACKGROUND OF THE CASE

  • The applicant, Niha Khan, was an ANM at Primary Health Centre, Jamalpur, Alighar.
  • She was prima facie found of being involved in the alleged criminal wastage of COVID vaccine.
  • Thus a departmental injury was initiated against her and eventually an FIR was registered.
  • The injury report stated that 29 people were left unvaccinated, when those doses of vaccine were thrown away in the garbage.
  • These were unadministered to its respective beneficiaries, but still their names were uploaded on the Portal.

THE BAIL PLEA

  • Apprehending her arrest, she applied seeking anticipatory bail before Allahabad High Court.
  • She asked for bail under Section 203, 176, 465, 427 and 120B IPC, and Section 3/4 Prevention of Damage to Public and Property Act, 1984.
  • She directly approached the High Court without applying for the anticipatory bail from the lower Court.

OBSERVATION OF THE COURT

  • The Court in its nascent concern gave its decision without expressing any opinion about the ultimate merit of the case.
  • Taking into account the wrath of the invisible virus due to which thousands of citizens died, the Court observed that our scientist are trying to manufacture the antidote with the limited resources available.
  • The Government of India is making all efforts to vaccinate its citizens free of cost, the health warriors working tirelessly, risking their own life and their family member’s life. Given these circumstances, any seepage or perforation in the mission cannot be afforded.
  • Thus, taking into account the gravity of the offence, with the alleged prima facie involvement of the applicant, the Court rejected the application seeking anticipatory bail.

COURT’S REMARKS

  • The Court observed that the offence for which the applicant is being accused is extremely serious in nature and can cause adverse effects on the society at large.
  • The Court expressed its deep concern about the 29 people who still remain unvaccinated, but under the misconception that they have taken the vaccine shot.
  • The Court held that there is indeed criminal wastage of precious medicine.

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Nirali Nayak Online
21 July 2021    16  Report



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