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Monday, 27 September 2021

HC denies bail to the accused alleged for conspiring and making false Covid-19 report and forging such certificates

 Delhi High Court and Corona.jpg 

On 21st September, a bench of Delhi High Court consisting of Justice Anu Malhotra rejected a bail application of the accused charged in relation to the allegations levelled against him qua the alleged commission of offences punishable under Sections 120B/198/199/200/420/468/471 of the Indian Penal Code on the ground that his son conspiracy for making of the false COVID 19 report and also because there was recovery of devices used in making such a forged certificate.

Facts of the case:

The present petition was filed under Section 438 of the Cr.P.C., 1973, seeking the grant of anticipatory bail in relation to FIR No. 151/2021, Police Station Special Cell, registered under Sections 120B/198/199/200/420/468/471 of the Indian Penal Code, 1860, submitting to the effect that he has been falsely implicated in the instant case and has no role whatsoever to play in relation to the allegations levelled against him qua the alleged commission of offences.

Contention of the Applicant:

The following contention has been submitted by the applicant:


  1. It was submitted that the applicant herein filed an application seeking grant of interim bail on 28.05.2021 dated 27.05.2021 on the ground that his father, i.e., the applicant herein, had tested positive for COVID-19.
  2. The counsel for the petitioner submitted that after a general inquiry he was assured that the medical document was verifiable and a genuine document and as a counsel, he neither had reasons nor resources to verify the authenticity of the document in question.

Contention of the respondent:

The state rejected the bail application on the following:

  1. It was submitted that during the investigation conducted it was found that the petitioner had received the COVID negative report from the witness Prem Chand.
  2. On behalf of the State it is submitted that this mobile number belongs to Gaurav Aggarwal but that the State is yet to verify the same.

Observation and judgment of the court:


The following observation has been made by the hon’ble bench of the court:

 

  1. On a consideration of the submissions that have been made on behalf of either side, though the State is yet to verify whether the Mobile No. belongs to Gaurav Aggarwal and Amanda Studio.
  2. The applicant’s presence is required through his custodial interrogation to trace out the links in the chain of the alleged conspiracy for making of the false COVID 19 report and recovery of devices used in making such a forged certificate.

In the light of the above, the court rejected the bail application.

Read Judgment ;

 

 

source ; .latestlaws.com/

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