A single-judge bench of Justice Rahul Chaturvedi passed the order on Anticipatory Bail Application filed by Niha Khan.
The counsel for the applicant argued that the applicant has been made a target just to besmirch her reputation. A number of other arguments were advanced to demonstrate the falsity of the accusation made against her by the informant in the instant FIR.
The applicant was serving as ANM at Primary Health Centre, Jamalpur, Aligarh. After the conclusion of departmental inquiry, the instant FIR was registered ; that named accused person was found prima facie involved in the alleged criminal wastage of Covid vaccine.
The inquiry report has also reported that 29 doses of vaccine were thrown in the garbage without administering the same to its respective beneficiaries but their names were uploaded over the portal. Thus, 29 persons remained unvaccinated.
The Court records its deep concern about those 29 persons who remained unvaccinated and roaming around freely in the society as a potential carrier of its deadly virus under the misconception that they have been vaccinated. The Court also records its strongest exception to the fact that there is criminal wastage of precious medicine.
The Court ordered that, Taking into account the gravity of the offense, the alleged prima facie involvement of the applicant, the Court is afraid to exercise its power in favour of the applicant under Section 438 CrPC and accordingly the application seeking.