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Allahabad HC grants bail to medical student violating Covid-19 clinical trial rules

The applicant is a student of the fourth Semester of MSc Clinical Research studying at the Institute of Himgiri Zee University, Dehradun, Uttarakhand.

The Allahabad High Court has granted bail to a student, who was accused of violating the Covid-19 Vaccine clinical trial rules.

A Single Bench of Justice Shekhar Kumar Yadav yesterday passed this order, while hearing a Criminal Miscellaneous Bail Application filed by Sudhakar Yadav under Section 439 of the Code of Criminal Procedure.

Sudhakar sought bail in a case filed against him under relevant Sections of IPC and the Medical Council Act at Police Station Dadari, District Gautam Budh Nagar.

According to the prosecution, on February 16, 2021, the Medical Superintendent of CHC, Dadari through social media came to know about a free vaccination drive being held for public against Novel Coronavirus at Gopal Pathology Lab situated near Central Bank of India, GT Road, Dadari. The superior officer was informed about the matter, who then got it enquired by Dr Sanjeev Kumar and the Drug Inspector of Baghpat. The officers found that a free COVID-19 vaccination camp was being organised with the help of Nari Raksha Dal on the spot and a banner to this effect was also found on the spot.

When the investigating authorities entered the Lab, one person was seen injecting the vaccine, who told his name was Rijwan Ali and on the query, it was informed that he and other accused persons named in the FIR were employees of Flores Hospital, who had been authorised by the Hospital for vaccination but when the Inspecting team demanded a paper to this effect, no document could be produced.

The Counsel for the applicant submitted that the applicant was innocent and has been falsely implicated in the case. The Counsel said the applicant is a student of fourth Semester of MSc Clinical Research studying in the Institute of Himgiri Zee University, Dehradun, Uttarakhand.

It was further submitted that the course of MSc, Clinical Research was being run by the University, under the supervision of Institute of Clinical Research India (ICRI). The applicant has been sent for internship at Flores Hospital, Ghaziabad with the consent of ICRI. No role of applicant has been assigned either in the FIR or in the statement of the informant recorded under Section 161 of CrPC, the Advocate added.

He said the applicant has neither violated the clinical trails rules, nor committed any offence by getting the volunteers convinced of vaccination in clinical trial.

The Counsel further said that at Gopal Pathology Lab, signature of the volunteers on the consent letter for clinical trial vaccination has been obtained and nothing has been concealed in getting agreed the volunteers for vaccination and as such, no offence under Section 420 IPC is made out.

The Counsel for the applicant also said that from the allegations made in the FIR, no offence under Section 15(2) and 15(3) of the Indian Medical Council Act is made out against the applicant. The applicant is in jail since February 16, 2021.

The Additional Government Advocate opposed the application for bail.

“Upon hearing the Counsels for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail,” the Court observed.

“Let Sudhakar Yadav be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned. Further, before issuing the release order, the sureties be verified”, the Court ordered.

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