Delhi High Court - Orders
Seema Asiwal vs State on 14 September, 2022
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 2442/2022
SEEMA ASIWAL ..... Petitioner
Through: Mr. Anant Malik, Ms. Vediccaa
Ramdanee and Ms. Kanika Kapoor,
Advocates.
versus
STATE ..... Respondent
Through: Mr.Laksh Khanna, APP for State
along with Inspector Sanjay Kumar.
Dr. Souharda Nath and Dr. Sunita PC
& PNDT West.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
ORDER
% 14.09.2022
1. An application has been preferred on behalf of the petitioner Seema Asiwal under Section 438 Cr.P.C. seeking anticipatory bail in FIR No. 750/2022, under Sections 3/4(3)/6/23/25/4/9/10 PCPNDT Act, 1994 & 315/120-B/34 IPC registered at Police Station Aman Vihar.
2. In brief, as per the case of the prosecution, the petitioner is the main accused of an illegal sex determination and termination racket which was being operated from an illegal clinic run by her at B-4/193, Sector-20, Rohini. A secret information was received by Civil Surgeon, Sonipat that a tout named Ravinder, who works at a Medical Store inside Haryana Multispecialty Hospital, Sonipat is involved in getting sex determination of foetus in pregnant woman. Accordingly, on 30.07.2022, a team comprising of Dr. Swaraj Chaudhary and other officers planned to conduct a raid after being authorized by District Appropriate Authority, Sonipat. The tout, Ravinder was contacted through a secret informer by the PNDT team Signature Not Verified Digitally Signed BAIL APPLN. 2442/2022 Page 1 of 5 By:DINESH CHANDRA Signing Date:16.09.2022 17:29:27 Sonipat and he agreed to get the sex determination done for consideration of Rs.28,000/-. Thereafter, the PNDT Cell Sonipat arranged a decoy pregnant lady named, Sonia and an amount of Rs.28,000 was also arranged from the PNDT Corpus fund. In accordance with the instructions given by the tout (Ravinder), the decoy lady (Sonia) was sent to Mundka Metro Station alongwith with one Neelam (member of the Sonipat Raiding Team) where she was to meet one Sarita (working as Asha worker at Mundaka Dispensary). As per instructions, the decoy and Neelam reached Mundka Metro Station wherein they met Sarita and handed over the consideration amount and proceeded towards Udhyog Nagar Metro Station. Upon reaching the Udyog Nagar Metro Station, the decoy, Neelam and Sarita met one Krishna, (working as Auxiliary Nurse Midwife at Delhi Govt. Dispensary). After meeting Krishna, both Sarita and Krishna tried to flee the spot but were apprehended by the PNDT Team Members who took them to the SDM Office. The raiding team members interrogated Sarita and Krishna and also recovered currency notes of Rs.28,000/- from them. Further, the name of Seema Asiwal (the present petitioner) was disclosed to whom they were supposed to handover the decoy for sex determination.
3. It is further the case of the prosecution that North West DIMC (PNDT) comprising of (i) SDM-Rohini and (ii) District Nodal Officer of PC&PNDT Cell North WEST were informed to join the Sonipat and West Delhi team. Accordingly, DIMC (PNDT) North-West, joined the Sonipat and West Delhi team and all teams reached at House no 104, Pocket-1 Sector-20, Rohini (residence of petitioner), as pointed out by the tout, Krishna. It was confirmed by the neighbours that Seema runs a MTP clinic at a nearby location i.e. B-4/193, Sector-20, Rohini, which was found Signature Not Verified Digitally Signed BAIL APPLN. 2442/2022 Page 2 of 5 By:DINESH CHANDRA Signing Date:16.09.2022 17:29:27 closed. At the aforesaid time, local police was called upon to join the raiding team and in presence of the police officials, the locks of the premises were broken. Thereafter, detailed seizure memo was prepared and a complaint was sent to Police Station Aman Vihar by SDM, Rohini on the basis of which the present FIR was registered.
4. Learned counsel for the petitioner submits that as per the seizure memo, no ultrasound machine was found at the premises which is a requisite for sex determination. It is further submitted that the petitioner was neither found at the residential premises nor at the alleged clinic when the aforesaid raid was conducted. As such, nothing stood corroborated on the basis of the alleged disclosure made by the touts. It is urged that the petitioner is aged about 43 years and is a mother of two children. It is also pointed out that co- accused Krishna has already been admitted to regular bail by the learned Additional Sessions Judge vide order dated 05.09.2022 and no further recovery is to be effected.
5. On the other hand, learned APP for the State opposes the application, on the ground that the petitioner is yet to join the investigation and custodial interrogation is required. It is urged that the petitioner had been in constant touch with Krishna as per Call Detail Records (CDRs) which have been collected by the prosecution during the course of investigation. It is further submitted that as per the seizure memo, the instruments used for performing the abortion as well as medicines generally used in this regard were seized. It is pointed out that the aforesaid clinic was not registered with the authorities and the case of co-accused Krishna is on a different footing.
6. I have given considered thought to the contentions raised. Admittedly, the case of the prosecution is based upon the information as to Signature Not Verified Digitally Signed BAIL APPLN. 2442/2022 Page 3 of 5 By:DINESH CHANDRA Signing Date:16.09.2022 17:29:27 illegal sex determination carried by the petitioner. Accordingly, a decoy customer accompanied by other members of team were engaged for conducting the raid. The amount of Rs. 28,000/- was allegedly handed over to Sarita on reaching Mundka Metro Station. However, as far as the present petitioner is concerned, neither she met Sarita nor any amount was passed to her. It cannot be ignored that the aforesaid sex determination clinic was found closed at the aforesaid time and no ultrasound machine which is a pre- requisite for sex determination was found at the spot. So far as the running of a clinic without registration is concerned, the rigours may not be to the same extent and it needs to be established that abortion, if any, was carried illegally. The recovery from the clinic has already been effected. Further investigation can be carried by directing the petitioner to join the investigation.
In the facts and circumstances, I am of the considered opinion that it is a fit case for grant of anticipatory bail. Accordingly, in the event of arrest, the petitioner be released on bail, subject to her furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one surety in the like amount to the satisfaction of the Investigating Officer/SHO concerned and subject to the following conditions :
(i) The petitioner shall provide her mobile number to the Investigating Officer (IO) concerned/SHO concerned at the time of release, which shall be kept in working conditions at all times. The petitioner shall not switch-off, or change the same without prior intimation to the IO concerned, during the period of anticipatory bail;
(ii) The petitioner shall not indulge in any criminal activity or any Signature Not Verified Digitally Signed BAIL APPLN. 2442/2022 Page 4 of 5 By:DINESH CHANDRA Signing Date:16.09.2022 17:29:27 illegal activities during the bail period;
(iii) The petitioner shall not influence the prosecution witnesses in any manner whatsoever.
(iv) The petitioner is further directed to join the investigation, as and when required.
Application is accordingly disposed of.
ANOOP KUMAR MENDIRATTA, J SEPTEMBER 14, 2022/A Signature Not Verified Digitally Signed BAIL APPLN. 2442/2022 Page 5 of 5 By:DINESH CHANDRA Signing Date:16.09.2022 17:29:27