Vikas Verma v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.3728 OF 2021 ALONGWITH CRIMINAL BAIL APPLICATION NO.1637 OF 2022 Vikas Vijaykumar Verma ...Applicant

Versus

The State of Maharashtra

...Respondent

...

Mr.V.K.Gupta for applicant.

Mr.P.H.Gaikwad APP for the State.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 25th NOVEMBER, 2022.

P. C. :-

1. The applicant has filed this application under Section 438 of Cr.P.C. in CR No.355/2021 registered with Vanrai Police Station, Pune, and CR No.68/2021 registered with Vishrambaug Police station for the offences punishable under Section 17(B) (c) of Drugs and Cosmetics Act read with Sections 420, 464, 468, 401,477 r/w.34 of IPC.

2.

The applicant is a Computer Designer and is in the business of printing. It is alleged that one Sudip Mukharjee had 1/4

manufactured Spurious drugs for Covid -19 ailment and distributed the said drugs at various places. It is alleged that said Sudeep Mukharjee had forged manufacturing license and other documents with the help of the applicant. The applicant is also alleged to have designed the boxes which were used for keeping the said drugs.

3.

Learned counsel for applicant submits that is applicant is only a designer. He had printed labels as per specification of the Company and that he is not involved in either manufacturing or distributing drugs or creating any false and forged documents. 4.

I have perused records and considered submissions advanced by learned advocate for applicant and learned APP for the State. It is not in dispute that the spurious drugs were allegedly manufactured by Sudeep Mukherjee, who is presently in custody. The accusations against the applicant are that he had printed labels and the license. The applicant is a Graphic designer and is in business of printing. Prima facie, it appears that he has printed lables and the license as per specification of the 2/4

manufacturer/Company. The material on record does not prima facie indicate that the applicant was otherwise aware that the drugs was Spurious or that main accused was involved in distributing Spurious drugs. Considering the above the facts and circumstances, the applicant has been already granted bail in two other cases, registered at Gujrat and Mumbai. The facts in the present case are different. Considering the nature accusations against applicant, in my considered view this is a fit case for grant of bail. Moreover, investigation is completed and chargesheet has been filed. The presence of the applicant is no longer required for the purpose of interrogation or investigation. Under the circumstances, the applicant is ordered to be released on bail on the following terms and conditions:

i) The applicant Vikas Vijaykumar Verma be released on bail on furnishing PR bond of Rs.15,000/- with one local surety to the like amount.

ii) The Applicant shall be released on cash bail of Rs.15,000/- for the period of 4 weeks .

iii) The applicant shall report to the concerned investigating officer on first Monday of every Month till framing of the charge.

3/4

iv) The Applicant shall not interfere with the complainant and the other witnesses and shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case;

v) Bail Application stands disposed of in above terms. (SMT. ANUJA PRABHUDESSAI, J.) 4/4