Mumbai, August 30, 2022 (Mumbai Crime Reporter): The Additional Sessions Judge, Shri A.A. Kulkarni, at the Sessions Court for Greater Mumbai, has granted bail to Rahul Udayraj Dubey, an accused in the alleged fake COVID-19 vaccination drive case registered at Khar Police Station under C.R. No. 520/2021. Dubey, identified as Accused No. 6 in the case, was granted bail on a Personal Recognizance (P.R.) Bond of ₹1,00,000 with one or more sureties of the like amount.

The bail application, Criminal Bail Application No. 1867 of 2022 (CNR NO. MHCC02-010195-2022), was heard on August 30, 2022. Advocate Mr. Ashutosh Dubey appeared on behalf of the applicant, while Ms. Ratnavali Patil, the learned APP, represented the State of Maharashtra.

Mr. Dubey argued that his client’s name was not initially mentioned in the First Information Report (FIR) and that Rahul Dubey had been in judicial custody since July 29, 2021. He contended that there was insufficient evidence against the applicant, who was not present during the alleged vaccination drive. Furthermore, he pointed out that the investigation was complete, and the charge sheet had been filed, suggesting that the trial would take considerable time. The primary serious offense alleged against Dubey was under Section 420 of the Indian Penal Code (IPC), which carries a maximum punishment of seven years. Based on these grounds, the defense argued that further detention was unwarranted and sought bail for the applicant.

The learned APP, Ms. Patil, opposed the bail application, submitting a written reply (Exh.2) stating that sufficient evidence existed against the applicant. The prosecution also raised concerns about the possibility of the applicant tampering with prosecution witnesses if released on bail, urging the court to reject the application.

After hearing both sides and perusing the case records, Judge Kulkarni noted the main allegation against Rahul Dubey and other accused individuals was that they conspired and conducted a vaccination drive by accepting money from people. The investigation revealed that the accused allegedly represented they would administer Covishield vaccine but instead used some unknown medicine, potentially endangering the lives of those who were allegedly vaccinated.

However, the court highlighted a crucial point: there was no specific medical report on record to conclusively establish that the medicine used by the accused for the vaccination was indeed dangerous to human life. Additionally, the court observed that there was no prima facie evidence to suggest that anyone’s life was actually endangered due to the alleged vaccination.

The court acknowledged that the applicant and other accused had conducted a vaccination drive, accepted payment, and used an unknown medicine instead of Covishield. While the offense alleged under Section 308 of the IPC (attempt to commit culpable homicide) is cognizable and non-bailable with a punishment of up to three years, and Section 420 IPC carries a maximum of seven years, other offenses mentioned (Sections 268, 270, 274, 275, 276, 188 of IPC) are non-cognizable.

Considering the period of detention already served by the applicant and the anticipated time for the trial to conclude, Judge Kulkarni opined that further detention was unnecessary, especially since the investigation was complete. The defense’s submission that co-accused in the same case had already been granted bail by the court also weighed in the decision.

Consequently, the court deemed it appropriate to release Rahul Udayraj Dubey on bail, subject to certain conditions to protect the interests of the prosecution.

The following order was passed by the court:

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 ₹1,00,000/- along with 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 the Investigating Officer.
4. Applicant/accused shall furnish his residential address proof and contact numbers to the 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.
8. Criminal Bail Application No.1867 of 2022 stands disposed of accordingly.

This order provides temporary relief to Rahul Dubey, allowing his release from custody while the trial in the fake vaccination drive case proceeds. The conditions imposed by the court aim to ensure his cooperation with the ongoing legal process and prevent any potential obstruction of justice.