Delhi High Court - Orders
Shekhar vs State Gove Of Nct Of Delhi on 9 January, 2023
Author: Amit Sharma
Bench: Amit Sharma
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 2027/2022
SHEKHAR ..... Petitioner
Through: Mr. S. K. Gangele, Senior Advocate
with Ms. Priya Sharma, Advocate.
versus
STATE GOVE OF NCT OF DELHI ..... Respondent
Through: Mr. Utkarsh, APP for the State with
S.I. Parvesh, P.S. Nihal Vihar.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 09.01.2023 The present application under Section 439 Cr.P.C. seeks regular bail in FIR No. 1434/2021 under Sections 3, 3-A, 3-B, 4, 5, 6, 23, 25, 29 of the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 and under Sections 315, 120-B, 34 of the Indian Penal Code, 1860, registered at P.S. Nihal Vihar, Delhi.
Learned Senior Counsel appearing on behalf of the applicant submits that the applicant is in judicial custody since 27.12.2021. The investigation in the present case is complete and chargesheet has been filed before the Court of competent jurisdiction. It is further submitted that the co-accused persons of the present applicant, namely, Ms. Monika and Ms. Sushila, have already been granted bail in the present case. It is further submitted that the Signature Not Verified Digitally Signed By:ANITA BAITAL Signing Date:09.01.2023 19:06:26 offences under Sections 3, 3-A, 3-B, 4, 5, 6, 23, 25, 29 of the Pre- Conception and Pre-Natal Diagnostic Techniques Act, 1994 are punishable with a sentence of a maximum of 3 years. It is further submitted that the allegations made in the present FIR do not fulfil the ingredients of Section 315 of the Indian Penal Code, 1860. It is submitted that there is no evidence on record to satisfy the requirement of Sections 315 of the Indian Penal Code, 1860.
The status report filed on behalf of the State records as under:
"1. Brief facts of the case are that on 26/12/21 an order from SDM Punjabi Bagh was received in PS Nihal Vihar for registration of case Under PC PNDT Act & 315/120B/34 IPC. As per order it was found that a joint raid was conducted by PC PNDT team Jhajar and PC PNDT West, GNCT of Delhi on the basis of secret information by deploying a decoy patient namely Asha. During raid accused persons namely Sushil @ Suheela, Monika and Shekhar performed USG for sex determination with unregistered USG machine at unregistered place. Further accused Monika couldnt provide any valid DMC registration for medical practices. A detailed spot memo along with sealing memo, statement of decoy lady Asha, authorization letter of Haryana PNDT team, consent of decoy, pre noted currency list, proof of advance payment of Rs 2000/-, pen drive containing audio, video recording of raid in sealed white envelope, all recovered currency note amounting to Rs 38000/- were also supplied along with order. Two USG machines, one suction machine were also seized and handed over. Based on the content of order a case U/S 2/3/3A/3B/4/5/6/23/25/29 Rule 3A/4/9/10 of PC PNDT act & 315/12OB/34 IPC was registered. During investigation accused Sushil, Monika and Shekhar were arrested on 27/12/21 and sent to JC. Mobile phone of the accused person which were handed over by PC & PNDT raiding team were sent to FSL for data retrieval and result of the same is pending. During further investigation the advance money of Rs 2000/ for prenatal sex determination was transferred to the account of Jyoti D/o Susheel through google pay and the same was handed over by Jyoti and was seized. It is further submitted that a letter for action against the accused Signature Not Verified Digitally Signed By:ANITA BAITAL Signing Date:09.01.2023 19:06:26 persons has been sent to drug control department, DFW, Delhi Medical Council, Director General Health by the appropriate authority and in pursuance of that seized medicines and medical equipment were got inspected by Drug inspector and desealing memo was prepared as per which medicines and medical equipment seized are used in medical termination of fetus. In the present case investigation teama has seized an ultrasound machine and suction machine which makes a strong prima-facie case against the accused persons. After completion of investigation final report was filed in the Hon'ble court on 25/2/22 and next date of hearing for arguments on charge is 7/9/22."
Learned APP for the State submits that the necessary equipment and medications used for medical termination of foetus were found at the spot but there is no evidence of any such procedure being performed in the present case.
Considering the facts and circumstances of the case and in view of the fact that the investigation is complete and the chargesheet qua the applicant stands filed, the equipment stands seized, and the fact that the applicant is in custody since 27.12.2022, this Court deems fit to grant regular bail to the applicant, upon his furnishing a personal bond in the sum of Rs. 50,000/- with two sureties of the like amount to the satisfaction of learned trial Court/link Court, with the following conditions:-
i. The applicant shall not leave the country without prior permission of the trial Court.
ii. The applicant shall intimate the trial Court by way of an affidavit and to the Investigating Officer regarding any change in residential address. iii. The applicant shall appear before the Court as and when the matter is taken up for hearing iv. The applicant shall join investigation as and when called by the Signature Not Verified Digitally Signed By:ANITA BAITAL Signing Date:09.01.2023 19:06:26 Investigating Officer concerned.
v. The applicant shall provide his mobile number to the Investigating Officer and intimate about any change.
The application is allowed and disposed of accordingly. Order be uploaded on the website of this court forthwith.
AMIT SHARMA, J JANUARY 9, 2023/ab Signature Not Verified Digitally Signed By:ANITA BAITAL Signing Date:09.01.2023 19:06:26