Mumbai, Maharashtra – June 24, 2022 – Mohammad Karim Akbarali, a 19-year-old nursing student, has been granted bail by the Sessions Court in Greater Mumbai in a case related to a large-scale fraudulent vaccination drive. The court, presided over by Additional Sessions Judge Shri A.A. Kulkarni, granted bail after considering the applicant’s limited role in the alleged offense and the completion of the police investigation.

The case, registered as Crime No. 312/2021 at Bhoiwada Police Station, involves allegations of cheating and fraud under Section 420 of the Indian Penal Code (IPC). The complaint alleges that individuals were duped into paying for vaccinations that were either fake or improperly administered. The informant claimed to have paid Rs. 2,44,800/- to Shrikant Mane and Sima Ahuja for the vaccination services.

Akbarali, who was arrested in connection with the case, filed Criminal Bail Application No. 748 of 2022 seeking his release. His lawyer, Mr. Tanveer Farooqui, argued that Akbarali’s name was not mentioned in the initial First Information Report (FIR) and that he had been in judicial custody since July 29, 2021. He further contended that there was insufficient evidence to implicate his client and that the investigation was complete, with the charge sheet already filed.

Farooqui explained that Akbarali, a B.S.C. Nursing student, had participated in the vaccination drive under the instructions of a person named Mahendra Singh. He argued that Akbarali’s role was limited to administering the vaccinations and that he did not misrepresent himself or directly receive any funds from the victims. He emphasized that the primary allegations of cheating were against Shrikant Mane and Sima Ahuja, who received the money.

The prosecution, represented by Learned APP Ms. Ratnavali Patil, opposed the bail application, arguing that there was sufficient evidence against Akbarali and that his release could lead to witness tampering.

Judge Kulkarni, however, after reviewing the case documents and hearing arguments from both sides, ruled in favor of granting bail to Akbarali. The court noted that Akbarali’s role appeared to be limited to that of a staff member administering the vaccinations. The court found that there was no evidence to suggest that Akbarali had misrepresented himself to receive money from the victims.

The court also considered that the investigation was complete and the charge sheet had been filed, reducing the risk of evidence tampering. Judge Kulkarni stated, “Applicant appears to be one of the member of staff to vaccinate people. Therefore, except this, there is no role of applicant in alleged crime. Applicant has not mis-represented himself for receiving amount from the informant. Therefore, on such submissions and record it cannot be said that applicant cheated informant and other persons by vaccinating. Therefore, in such circumstances, I am of the opinion that further detention of applicant is not necessary.”

Akbarali was granted bail on the following conditions:

• A personal bond of Rs. 1,00,000/- with one or more sureties of the same amount.
• Attendance at Bhoiwada Police Station when summoned by the Investigating Officer.
• Provision of his residential address proof and contact numbers to the Investigating Officer.
• A prohibition against influencing or threatening any witnesses.
• A prohibition against leaving India without prior court permission.
• Execution of the bail before the lower court.

The court’s decision highlights the importance of assessing the specific role of each accused in complex criminal cases. It also emphasizes the court’s consideration of the progress of the investigation and the need to balance individual liberty with the interests of justice. This case serves as a reminder of the vulnerability of individuals to fraudulent healthcare schemes and the complexities involved in their prosecution.