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Legal Correspondent: Sarthak Dixit
September 21, 2021: A man, who forged a COVID-19 ‘positive’ report, for the purposes of releasing his son on interim bail, now himself will face time in jail, as he was denied anticipatory bail by the Delhi High Court, which observed that this alleged conspiracy and the methods of creating a fake report would only come to light after his custodial interrogation.
“... the interim bail application is thus rejected and the interim protection granted vide order dated 7.9.2021 and extended thereafter is withdrawn. The case diary of the State is directed to be returned," the Court added.
The applicant was seeking anticipatory bail in an FIR registered under Sections 120B (criminal conspiracy), 198 (Using as true a certificate known to be false), 199 (False statement made in declaration which is by law receivable as evidence), 200 (Using as true such declaration knowing it to be false), 420 (Cheating), 468 and 471 (Forgery) of IPC.
The accused’s son, Yogesh, accused in an MCOCA case himself, filed an interim bail application seeking grant of interim bail stating that his father had tested Positive for COVID-19, but this was on later investigation by the Trial Court, it was concluded that the father had forged the report and that his original report was COVID-19 negative.
The son’s counsel stated before the Court that a man named Gaurav sent him the interim bail application and a medical certificate confirming the positive report, but the investigation later concluded that the source of the forged certificate was the father himself, as confirmed by Gaurav along with a witness who helped with the applicant’s test and his original negative report.
"..as has been rightly submitted on behalf of the State that 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 and of its user in Court for such fraudulent purposes for release of his son Yogesh @ Tunda qua FIR No. 252/2018 Police Station Alipur under Sections 3 & 4 of the MCOC Act on interim bail on the fake premise that he, i.e., the applicant herein, was suffering from COVID 19," the Court said, and accordingly the matter was disposed of.
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