Disclaimer: This has been reported after the availability of the order of the Court and not on media reports so as to give an accurate report to our readers.
Madhya Pradesh High Court: In a batch of bail applications filed by the accused persons in the MP Cough Syrup Deaths Case, the Single Judge Bench of Pramod Kumar Agrawal, J., denied bail to the accused doctor, medical store owners, and pharmacists, holding that the cases were not suitable for bail.
Background
As per the prosecution’s story, a complaint was lodged by the Block Medical Officer, Community Health Center, Parasiya, for an offence under Sections 105, 276 of the Bharatiya Nyaya Sanhita, 2023 (“BNS”), along with Section 27(A) of the Drugs and Cosmetics Act, 1940. He contended that the accused Doctor was posted as a Child Specialist in the Community Health Center, Parasiya District, Chhindwara, and he prescribed a certain dose of the Coldriff cough syrup (“the cough syrup”) to the children. Due to the cough syrup, the children experienced kidney failure, because of which some children died. The said medicine was sold by the co-accused, who was working in Apna Medical Store owned by the accused doctor’s wife.
Previously, the Court had noted that the chain of events that led to the death of more than 26 children in Madhya Pradesh was due to the excessive quantity of diethylene glycol (“DG”) found in the cough syrup. The Court noted that the children, on average aged 5 years old, had visited the doctor complaining of a common cold, cough, or fever, and the majority of them were prescribed the Coldriff Cough Syrup and other medicines. Thereafter, the children developed difficulty in passing urine, and their reports depicted acute kidney disorder. Soon, the children started dying one by one, and by 04-10-2025, 10 children had passed away due to acute kidney disease, and 6 were admitted for treatment. The Court further noted that the test report of the cough syrup stated that 48.6% of DG was found in the cough syrup, which was a toxic and adulterated amount.
Accordingly, the police registered an FIR against the doctor under the aforesaid provisions.
On 08-10-202, the Trial Court had denied bail to the accused doctor, holding that a prima facie case was made out against him and further investigation was required. Aggrieved, he filed the present second bail application.
Along with him, several others filed bail applications namely, the wife of the accused doctor and owner of Apna Medical Store, the wholesale dealer, the pharmacist working in Apna Medical Store, the owner of Ashirvad Medical Store, and the pharmacist working in Ashirvad Medical Store.
Analysis
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Accused Doctor: The Court noted that the doctor prescribed the cold syrup despite being informed by a senior doctor that his patient was showing symptoms similar to a 1998 Delhi case where 33 children died due to DEG-contaminated cold syrup. He also continued to prescribe the cold syrup despite it being banned by the Government circular dated 18-12-2023, which ultimately led to the death of 26 children and caused harm to public health on a large scale. The Court further noted that the accused doctor also received a commission for prescribing the cough syrup, and his co-accused destroyed the evidence regarding the cough syrup to save him. Accordingly, the Court denied bail to the accused doctor, holding that the case was not suitable for bail.
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Wholesale Dealer: The Court noted that the accused herein was the wholesale dealer who sold the cough syrup. The Court also noted that there was manipulation in the bills regarding the sale of the cough syrup, and fake bills were also made. He also destroyed evidence of the incident, as allegedly 66 out of 87 bottles could not be accounted for. Thus, the Court held that it was not a suitable case for the grant of bail and denied the application accordingly.
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Wife of the accused doctor and owner of Apna Medical Store along with the pharmacist working in Apna Medical Store: The Court noted that the accused persons sold “Coldriff Syrup” instead of “Nextro-PL,” which was prescribed, and there were no bills regarding the sale of the cough syrup. Furthermore, they destroyed evidence. Thus, the Court denied them bail.
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Owner and Pharmacist of Ashirvad Medical Store: The Court noted that the accused persons sold the cough syrup to children below the age of 4-5 years without a doctor’s prescription and despite the guidelines issued by the Government banning the cough syrup. Thus, the Court held that it was not a suitable case for the grant of bail and denied the application accordingly.
The Court also clarified that the observations made herein shall not be construed as an expression on the merits of the cases.
[Dr. Praveen Soni v. State of Madhya Pradesh, Misc. Criminal Case No. 47318 of 2025, decided on 17-02-2026]
Advocates who appeared in this case :
For the applicant: Senior Advocate Shashank Shekhar and Bhoopesh Tiwari (for Dr. Praveen Soni and his wife), Senior Advocate Atulanand Awasthi and Roopesh Singh Thakur (for the wholesale dealer), Senior Advocate Manish Datt and Rohit Sharma (for the pharmacists and the owner of Ahirvad Medical Sore)
For the respondent: Additional Advocate General Harpreet Singh Ruprah, Government Advocate C.M. Tiwari, Advocate Aakash Malpani
For the objector: K.K. Pandey and Aditya Parashar