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Allahabad HC Denies Anticipatory Bail to Nurse Who Discarded Vaccines in Garbage

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The Allahabad High Court denied anticipatory bail to the auxiliary nurse midwife who was accused of throwing vaccines in the garbage instead of administering it to the beneficiaries. The Court recorded that it was a criminal wastage of precious medicine.

Nurse Threw 29 Dose of Vaccine in Garbage

The applicant, Ms. Niha Khan, was serving as an auxiliary nurse midwife (ANM) at Primary Health Centre, Jamalpur, Aligarh. An FIR was filed against the applicant by Dr. Durgesh Kumar based on an inquiry conducted which revealed that 29 doses of vaccine were thrown in the garbage without administering the same to its beneficiaries.

However, the names of the beneficiaries were uploaded on the Portal. The inquiry showed a prima facie case of the applicant’s involvement in discarding the vaccine. The applicant was arrested and charged under Section 203, 176, 465, 427 and 120B of Indian Penal Code, 1860 and under the provisions of the Prevention of Damage to Public Property Act, 1984.

Thereafter, the applicant filed an application for anticipatory bail before the Allahabad High Court.

Arguments before the Court

The learned Counsel appearing for the applicant contended that the applicant was made a target, merely for damaging her reputation and her public estimate.

The Counsel contended that “in the event cooperation with the investigation was offered, there was no justifiable reason for the investigation to affect in the applicant’s arrest at the pre-cognizable stage.”

The Additional Advocate General contended that the offence committed by the applicant was a sin against society. It was contended that the applicant refused to cooperate with the investigation and that she was striving to finds ways to escape the clutches of law.

Court’s Observations

Justice Rahul Chaturvedi observed that the offence which was committed by the applicant was serious and that it would adversely affect society.

The Court made a reference to the deaths caused by Covid-19 and stated that “our scientists have done Yeomen’s job in manufacturing the medicine as an antidote of this deadly virus to save our fellow citizens.

Additionally, the Court observed that the Government of India was on a mission to vaccinate all the citizens. According to the Court, “we cannot afford to have any seepage or perforation in this mission.”

Court Denies Anticipatory Bail

The Court took note of the gravity of the offence and denied the anticipatory bail to the applicant. Additionally, the Court directed the Investigating Officer to conclude the investigation within 90 days.

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