Delhi High Court - Orders
Anuj Mishra vs State Of Nct Of Delhi on 6 December, 2023
Author: Swarana Kanta Sharma
Bench: Swarana Kanta Sharma
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 3556/2023
ANUJ MISHRA ..... Petitioner
Through: Mr. N. Hariharan, Sr. Advocate along
with Mr. Siddarth S. Yadav, Ms.
Punya Rekha Angora, Mr. Prateek
Bhalla, Mr. Sharian Mukherji and Mr.
Mueed Shah, Advocates
versus
STATE OF NCT OF DELHI ..... Respondent
Through: Mr. Manoj Pant, APP for the State.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
ORDER
% 06.12.2023
1. The instant application under Section 439 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed on behalf of the applicant seeking grant of regular bail in case fir bearing no. 567/2023, registered at Police Station Dwarka North, Delhi for the offences punishable under Sections 3A/4(3)/5/6/23/25 of Pre-Conception & Pre-Natal Diagnostic Techniques Act, 1994 ('PC&PNDT Act') and Section 34 of The National Medical Commission Act, 2019 ('NMC Act').
2. Briefly stated, the facts of the case as per prosecution are that secret information was received that one Smt. Kumant Kumar and one Smt. Seema @ Pinki @ Kamlesh used to get sex determination conducted of pregnant This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/12/2023 at 04:35:34 ladies from Jhajjar District and Bahadurgarh District, Haryana for a sum of Rs. 50,000/- to Rs. 60,000/- per case. Upon receiving the said information, a team including, Nodal Officer and other medical officers was constituted to conduct raid. The team had engaged two decoy patients namely, Smt. S, and her decoy husband Sh. Surender @ Sonu to conduct raid. Thereafter, decoy patients had contacted Smt. Kumant Kumar and Smt. Seema @ Pinki @ Kamlesh to conduct sex determination for them. A deal was made between decoy patients and the two ladies for a consideration of Rs. 50,000/- Thereafter, the ladies had taken decoy patients to Village Mitrau, Najafgarh, Delhi where they had met co-accused Anil @ Pappu. The co-accused Anil @ Pappu had taken them to M/s Ashok Clinic where they had met with co- accused Dr. Ashok. The co-accused Dr. Ashok had taken them to M/s Saras Medical Services, Dwarka, Delhi, for ultrasound test to determine sex of the fetus, which was conducted by present accused/applicant. Consequently, present applicant was arrested on 18.09.2023.
3. Learned counsel for applicant states that applicant has been in judicial custody since 18.09.2023. He states that present applicant is the doctor who only conducted the ultrasound test and co-accused Dr. Ashok had allegedly revealed the gender of the fetus to the parents. He also states that present applicant had no role in disclosing the gender of the fetus. He further states that there are no allegations leveled against applicant herein with regard to taking money from the decoy patients. He states that only allegation leveled against applicant herein is that Form-F was not filled as per Rule 9 of PC&PNDT Act. He argues that investigation has concluded, and charge- sheet has been filed, and, therefore, bail be granted.
4. Learned APP for the State, on the other hand, vehemently opposes the This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/12/2023 at 04:35:34 application anf submits that serious allegations have been leveled against present accused/applicant. Therefore, bail application be dismissed.
5. This Court has heard arguments addressed on behalf of both sides and has perused the material on record.
6. In the present case, allegations levelled against present accused/applicant, in a nutshell, are that he had conducted an ultrasound test in order to determine sex of the fetus of many patients including decoy patients engaged by the raiding team, who were brought to his clinic by other accused persons in this case, for a consideration of Rs. 50,000/- to Rs. 60,000/-. The present accused/applicant was arrested on 18.09.2023, when the raiding team had conducted raid in his clinic and he has been in judicial custody since then.
7. This Court is of the opinion that it is admitted that the chargesheet in this case has been filed. The accused has been in judicial custody for the last about 80 days. The maximum sentence for the offences alleged is three years. It is also not disputed that custodial interrogation of the accused is not required and that trial will take some time to commence and conclude. It is also not disputed that there is no previous involvement of the present accused/applicant in any other criminal case.
8. Considering the overall facts and circumstances of the case and that the accused/applicant is in custody since 18.09.2023, this Court is inclined to grant regular bail to the petitioner on his furnishing personal bond in the sum of Rs.25,000/- with surety of the like amount to the satisfaction of the Trial Court/Successor Court/Link Court/Duty Judge concerned on the following terms and conditions:
i) The applicant shall not leave country without prior permission This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/12/2023 at 04:35:35 of the concerned Court.
ii) The applicant shall not directly or indirectly make an attempt to influence the witnesses or tamper with the evidence in any manner.
iii) In case of change of residential address/contact details, the applicant shall promptly inform the same to the concerned Court.
9. The bail application stands disposed of.
10. The order be uploaded on the website forthwith.
SWARANA KANTA SHARMA, J DECEMBER 6, 2023/at Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/12/2023 at 04:35:35