Punjab-Haryana High Court
Kumar Adhiwal vs State Of Haryana on 21 February, 2024
Author: Pankaj Jain
Bench: Pankaj Jain
CRM-M No.8605 of 2024 (O&M) -- ::1:: 2024: PHHC:024192 105 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.8605 of 2024 (O&M) Date of decision : 21.02.2024 Kumar Adhiwal Petitioner versus StateofHaryana 2a Respondent CORAM : HON'BLE MR.JUSTICE PANKAJ JAIN REE Present :- Mr. Mrigank Sharma, Advocate for the petitioner. Mr. Gaurav Bansal, DAG, Haryana. REE PANKAJ JAIN, J. (ORAL)
1 This petition has been filed by the petitioner under Section 438 Cr.P.C. seeking anticipatory bail in case FIR No.0038 dated 30.01.2024 under Sections 420/120-B of PC Act and Sections 22/6(c), 4(4), 5(2) of the Pre-Natal Diagnostic Techniques (Regulation & Prevention of Misuse Act, 1994, registered at Police Station Ambala, District Ambala. 2 As per the contents of the FIR, it has been alleged as under :-
Present sub Inspector Police Station, when Dr. Balwinder Kaur Dy. Civil Surgeon PNDT Ambala M. no. 98136-61844 came alongwith her team and submitted an application which ts as follows:- From 1. Dr. Balwinder Kaur, Dy. Civil Surgeon PNDT O/o Civil Surgeon, Ambala 2.Dr Vipan Bhandari, ASMO, Nodal Officer PNDT Ambala
3.Dr Hitarth, MO Civil Hospital Ambala City To The SHO P.S Sadar Ambala Cantt Subject: Regarding registration of FIR under section 6c, 22 of PC- PNDT Act and section 420, 120B of IPC against following: 1.Kumar Adhiwal S/o Hari Parkash, H.no 645/1- 2234, Kaith Majri, Ambala City 2. Manoj Kumar S/o Raj Kumar, H.no 1930/1, Kaith Majri, Ambala City and others. It is to be informed that Civil Surgeon, Ambala was getting information from POOJA SHARMA 2024.02.26 18:23 I attest to the accuracy and authenticity of this order/judgment. CRM-M No.8605 of 2024 (O&M) -- ::2:: 2024: PHHC:024192 POOJA SHARMA 2024.02.26 18:23 I attest to the accuracy and authenticity of this order/judgment. reliable sources that few people are involved in the illicit activities of pre-natal sex determination of foetus. On acting on this information Civil Surgeon, Ambala engaged an informer to trace them. In this context the informer contacted a person by the name of Kumar (accused no 1) for the same. He demanded a sum of 40000 for the sex determination of the foetus. This information was shared with civil surgeon Ambala for the needful. District appropriate authority constituted a team of above-mentioned officers to act on this information and to withdraw the required money from the operational account of PNDT in the Canara Bank, Ambala city. The requisite amount was withdrawn on 24/1/24. The touts demanded a sum of 10000 to be given as advance on 25/1/24 and the same was given to the tout Kumar through informer on 26/1/24. After receiving the amount, he said to wait till he gets the time for the test. On 28/1/24 the tout Kumar contacted the informer to come on 29/1/24 in the morning 11 AM at Arya Chowk Ambala City for the test and also asked to bring Rs 5000 extra for the test. This information was shared with the Civil Surgeon, Ambala by the informer. And in lieu of emergency 5000 was arranged by Manish, DEO PNDT Ambala. On 29/1/24 a decoy pregnant lady Surinder w/o Neeraj was arranged by health department who has given consent voluntarily for this cause. She also signed an undertaking for the same on the same day at the civil Surgeon office Ambala. The informer and the decoy pregnant lady were summoned in the civil surgeon office on 29/1/24 at 10 am. At around 10:30 am the informer and the decoy pregnant lady was given the remaining amount of 35000 and asked to move towards Arya chowk Ambala city in private hired vehicle. The team along with the police officials started following them in other cars at a distance. After reaching at Arya Chowk the tout asked them to come towards MM Hospital Ambala City Police Lines. The informer and decoy lady reached there in front of MM hospital as asked by the tout. After reaching there Kumar and Manoj (Accused no 2) came near the car and asked the decoy to come with them to MM Hospital. After reaching there a referral slip for ultrasound was made by Dr Aditi Singla, MS Gynae. After that, touts asked the decoy pregnant lady and informer to follow their car HR26-CB-2737. The touts took the ladies to Ambala Cantt in front of CRM-M No.8605 of 2024 (O&M) -- ::3:: 2024: PHHC:024192 POOJA SHARMA 2024.02.26 18:23 I attest to the accuracy and authenticity of this order/judgment. Municipal Committee office. After reaching there the tout Kumar and Manoj asked the informer to give the remaining 35000 to Kumar and took the decoy pregnant lady and informer to Nupur Ultrasound centre opposite to Municipal Committee office. There they asked the ladies to wait for ultrasound after depositing the fees of 1500 to the centre and to call Kumar after ultrasound will be done. The team along with police officials started waiting at a distance from the Nupur Ultrasound Centre. The ladies waited for the ultrasound. After the ultrasound was done on the decoy pregnant lady at the centre the informer called Kumar to come and inform the sex of the foetus. After about half an hour both Kumar and Manoj came to the Nupur Ultrasound centre in a white swift car HR26-CB-2737. They called the ladies outside the centre and told that the sex of the foetus as male child. After getting that information the informer signalled to the team. The team along with police officials got hold of both Kumar and Manoj in front of the centre. On searching a Vivo golden colour back mobile phone and an Aadhar card and a pan card of Kumar and an amount of 4000 (500 x 8) was recovered from his purse which were the same Currency notes given to the informer by team in the morning. A mobile phone of Vivo white coloured back recovered from the possession of Manoj. At that moment taking the benefit of crowd, Kumar ran from the spot. The team followed him for some distance but was not able to catch him due to traffic. The car HR26-CB-2737 used by them during the incident was taken into possession by the team. After this the team went to centre for investigation regarding the ultrasound of Surinder w/o Neeraj and it found that the ultrasound was done after doing the requisite formalities as per the provisions of PC-PNDT Act. You are hereby requested to take appropriate action against the above mentioned accused under section 6c, 22 of PC-PNDT Act and section 420, 120B of IPC. You are also requested to inquire about the connections of the accused with the staff of the centre by recovering the call detail record of the accused mobile phones. Attachments:
1.Office orders no. PNDT/2024/247 dt 29/1/24. 2. PUC regarding raid and withdrawal of money. 3. Currency notes details of Rs 40000. 4. Currency notes details of Rs 5000. 5. Undertaking of the decoy pregnant lady. 6. Statement of decoy pregnant lady Surinder CRM-M No.8605 of 2024 (O&M) -- ::4:: 2024: PHHC:024192 3 w/o Neeraj. (Ipage) 7. Copy of Aadhar card of decoy pregnant lady (2 pages). 8. ANC of pregnant decoy lady. 9. Ultrasound report of decoy pregnant lady from CH Ambala city dt 15/01/24. 10.
Ultrasound report of decoy pregnant lady done at Nupur ultrasound centre, Ambala Cantt on 29/01/24. 11. Refer slip of MM Hospital Ambala city. 12. Recovery memo of currency notes recovered from Kumar s/o Hari Rs 4000 (500 x 8). 13. Recovery memo of currency notes recovered from Nupur Ultrasound Centre Ambala Cantt Rs 1500 (500 x 3). 14. A mobile phone Vivo Golden coloured Black from the possession of Kumar s/o Hari. 15. A mobile phone Vivo white coloured Black from the possession of Manoj s/o Rajkumar.
16. A white swift car recovered from the spot HR26-CB2737.
17.Aadhar card of Kumar s/o Hari. 18. Pan card of Kumar s/o Hari.
19. A sealed envelope having currency notes recovered from Kumar s/o Hari. 20 A sealed envelope having currency notes recovered from Nupur Ultrasound Centre. Dr. Balwinder Kaur, Dy. Civil Surgeon PNDT O/o Civil Surgeon, Ambala 2.Dr Vipan Bhandari, ASMO, Nodal Officer PNDT Ambala 3.Dr Hitarth, MO Civil Hospital Ambala City."
It has come on record that the petitioner was acting as a tout and was apprehended from the spot but somehow managed to flee away.
4As per settled law laid down by Apex Court in Gurbaksh Singh Sibbia vs. State of Punjab, 1980 (2) SCC 565, reiterated in Sushila Aggarwal and others Vs. State (NCT of Delhi) and another, 2020 (6) SCC 1 the Court while considering prayer for pre-arrest bail has to consider as to whether the accusation appears to be actuated by mala fides, nature of seriousness of the proposed charges, the role attributed to the applicant and the probabilities of securing presence of the applicant during the course of trial and as to whether there is any apprehension that the applicant will tamper with the witnesses or evidence.
POOJA SHARMA 2024.02.26 18:23 I attest to the accuracy and authenticity of this order/judgment.CRM-M No.8605 of 2024 (O&M) -- ::5:: 2024: PHHC:024192 5 It is the aforesaid considerations which need to be balanced by the Courts while considering grant of pre-arrest bail.
6 In view of the aforesaid circumstances, this does not appear to be a fit case to grant extra ordinary relief of anticipatory bail to the petitioner. Consequently, the same is dismissed.
(PANKAJ JAIN ) JUDGE 21.02.2024 Pooja sharma-I Whether speaking/reasoned Yes Whether Reportable : No POOJA SHARMA 2024.02.26 18:23 I attest to the accuracy and authenticity of this order/judgment.