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IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1867 OF 2022
CNR NO. MHCC02­010195­2022
Rahul Udayraj Dubey
Adult, Occ.: Unemployed,
R/at : Room No.301, A Wing,
Shrainik Co. Op. Hsg. Society,
Plot No.18, RSC 11, Sector 2, Charkop,
Kandivali (W), Mumbai.

…Applicant/Accd.No.6
Vs.
The State of Maharashtra
(At the instance of Khar police station)
…Respondent/State
Appearances :­
Mr. Ashutosh Dubey, Ld. Advocate for the applicant/accused.
Ms. Ratnavali Patil, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.A. KULKARNI (C.R. NO.24)
DATED : 30TH AUGUST, 2022
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application for bail under Section 439 of Cr. P.C.
Heard Ld. Advocate for the applicant and Ld. APP for the State. Perused
documents on record.
2.

The Ld. Advocate for the applicant submitted that name of
applicant is not appearing in FIR. Applicant is in judicial custody since
29.07.2021. There is no sufficient evidence against applicant. Applicant
was not present during alleged vaccination drive. Investigation is
completed and charge­sheet is filed in this case. Trial will take its own
time. Serious offence alleged against the accused is of Section 420 of
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IPC having maximum punishment of seven years. Therefore, it is
submitted that further detention of applicant is not warranted and
prayed for grant of bail.
3.

Ld. APP filed say vide Exh.2 and opposed the application
on the ground that there is sufficient evidence on record against
applicant. If the applicant is released on bail, there is possibility of
tampering of production witnesses. Hence, prayed for rejection of the
application.
4.

In view of submissions from both the sides and on perusal
of record of the case, allegations and evidence collected during
investigation, main allegation against applicant is that he alongwith
other accused, hatched conspiracy and conducted vaccination drive by
accepting money. During investigation, it is revealed that applicant and
other accused have represented that they will use Covishield Vaccine
and in fact used some unknown medicine and thereby created danger to
the life of people to hold them allegedly vaccinated. On perusal of
record, there is no any specific medicine report on record, whereby it
can be concluded that accused used specific medicine for the purpose of
vaccination which was danger to the life of people. Further there is no
evidence on record, whereby it can be prima facie presume that due to
alleged vaccination someone’s life came into danger. It is on record that
applicant and other accused have conducted drive for vaccination by
accepting amount and instead of Covishield vaccine, used unknown
medicine for the alleged vaccination drive. Offence alleged against
accused under Section 308 of IPC is cognizable and non­bailable.
Punishment provided for the offence under Section 308 of IPC is upto 3
years. Offence under Section 420 of IPC is having punishment of
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maximum seven years. Other offences under Sections 268, 270, 274,
275, 276, 188 of IPC are non­cognizable. Taking into consideration,
period of detention of applicant and future time required for the
purpose of trial of the case, I am of the opinion that as the investigation
is completed and trial will take its own time, therefore during such
period, detention of accused is not necessary. The Ld. Advocate for
applicant submitted that co­accused are released by this Court on bail.
Therefore, I am of the opinion that in present case, investigation is
completed. Therefore, accused may be released on bail by imposing
conditions to protect interest of the prosecution. Hence, I passed the
following order :­
ORDER
1.

Criminal Bail Application No. 1867 of 2022 is allowed.

2.

Applicant/accused No.6 Rahul Udayraj Dubey be released on bail
on furnishing P.R. Bond of Rs.1,00,000/­ alongwith one or more
sureties of like amount in connection with C.R. No.520/2021
registered with Khar Police Station.

3.

Applicant/accused shall attend Khar police station on notice by
Investigating Officer.

4.

Applicant/accused shall furnish his residential address proof and
contact numbers to Investigating Officer.

5.

Applicant/accused shall not directly or indirectly, make any
inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such facts
to the Court or to any Police Officer.

6.

Applicant/accused shall not leave India without previous
permission of the Court.

7.

Bail before Ld. Court below.

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8.

Criminal Bail Application No.1867 of 2022 stands disposed of
accordingly.

Date : 30.08.2022
Dictated on
: 30.08.2022
Transcribed on : 30.08.2022
HHJ signed on : 30.08.2022
[A.A. KULKARNI]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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