Vinod Kumar v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr.No.217 Date of Decision: 17.09.2021 Vinod Kumar ...Applicant-Petitioner

Versus

State of Haryana

...Respondent

(Heard through Video-Conferencing) CORAM: HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA

Present:

Mr. Rajesh Khandelwal, Advocate, for the petitioner.

Mr. S.S. Pannu, Deputy Advocate General, Haryana for the respondent-State.

* * * * MEENAKSHI I. MEHTA, J.

(ORAL) CRM No.28113 of 2021 The present application has been moved for seeking the early disposal of the main petition bearing CRM-M No.30135 of 2021. Learned State counsel has no objection in allowing this application.

Keeping in view the afore-said fact as well as the reasons as mentioned in the instant application, the same is allowed and the main petition bearing CRM-M No.30135 of 2021 is taken on the Board today itself.

The petitioner named Vinod Kumar seeks the relief of

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regular bail in the criminal case pertaining to the FIR bearing No.219 dated 12.05.2021 registered at Police Station Hisar City, under Section 7(A)(ii) of the Essential Commodities Act, 1955, Section 51(b) of the Disaster Management Act, 2005, Sections 27(b)(ii) and 28 of the Drugs and Cosmetics Act, 1940 and Section 420 read with Section 34 IPC. The allegations, as levelled against the petitioner, are that he had sold the injection 'Remdesivir', which is used for the treatment of COVID-19 patients, to his co-accused for a sum of Rs.35,000/-, who further sold the same to the decoy customer for an amount of Rs.55,000/- which was much higher than its market price. Learned State counsel has forwarded the copy of the Pairvi report and the disclosure statement of the co-accused of the petitioner to this Court through email and the same are taken on the record. I have heard learned counsel for the petitioner as well as learned State counsel in the present petition and have also perused the file thoroughly.

Learned counsel for the petitioner contends that the petitioner is behind the bars since 15.05.2021 and the Challan has already been presented in the Court and the petitioner is also not involved in any other criminal case of the similar nature and moreover, his co-accused namely Karan Singh has already been extended the relief of regular bail by this Court vide the order dated 01.09.2021 passed in CRM-M No.34879 of 2021 and in these circumstances, the petitioner

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deserves the relief as prayed for in the present petition. Learned State counsel does not dispute the afore-referred factual position but he opposes the prayer of the petitioner on the ground of the gravity of the allegations levelled against him. Keeping in view the afore-discussed factual position as well as the fact that the trial of the case is likely to take sufficient time to conclude and without commenting or expressing any opinion on the merits of the case, the petitioner named Vinod Kumar is ordered to be released on regular bail on his furnishing the requisite personal bonds and surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

This petition stands allowed accordingly.

(MEENAKSHI I. MEHTA) 17.09.2021 JUDGE neetu Whether speaking/reasoned Yes Whether Reportable No