Manish Kumar v. State of Haryana
Case Details
CRM-M-33263-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-33263-2025 Reserved on: 07.07.2025 Pronounced on: 17.07.2025 Manish Kumar ...Petitioner Versus State of Haryana …Respondent CORAM:
Legal Reasoning
HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Ms. Garima Sharma, Advocate for the petitioner. Mr. Naveen K. Sheoran, D.A.G., Haryana. ANOOP CHITKARA, J. **** FIR No. Dated Police Station Sections 51 26.02.2025 Ambala City, 3, 4, 5 of MTP Act, 34 of District Ambala NMC Act and 61, 318(3) BNS 1. The petitioner incarcerated in the FIR captioned above had come up before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail. 2. In paragraph 10 of the bail petition, the accused declares that he has no criminal antecedents. 3. The facts and allegations are being taken from the translated version of FIR, which reads as follows: “At present, it is recorded that Dr. Vipan Bhandari, ASMO Nodal Officer, PNDT/MTP, Ambala came to the police station and submitted a complaint, contents of which are as under:- "To SHO, PS City. Ambala City. Subject:- Regarding complaint to lodge FIR under Section 3,4,5 of MTP Act, 318(3) BNS. 61 BNS and 34 NMC Act against 1) Manish Kumar alias Monu s/o Varinder Kumar, r/o 1672/2, Mahavir Nagar, Ambala City, 2) Shiv Sharma s/o Jatinder Sharma, r/o 1727/27, Mahavir Nagar, Ambala City. 3) Viresh, mob No.9988293470. In reference to above mentioned subject, it is informed here that a nexus was being run by various people to supply the MTP kits to the pregnant ladies of District Ambala for the abortion of the unwanted pregnancies. A team was constituted by the Civil Surgeon Ambala to do the needful. A pregnant decoy lady was 1 Jyoti Sharma 2025.07.17 16:53 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh CRM-M-33263-2025 arranged for the same. The following action was taken regarding this matter. Today on dated 25.02.2025, as per order of Civil Surgeon. Ambala by vide letter bearing Endst. No.PNDT/2025/426 dated 24.02.2025 on the basis of secrete Information regarding illegal sale of MTP kit for causing illegal abortion of pregnant women in the area for monitory gains, Indulging in Illegal medical practice without any Degree or Qualification at M/s Sharma Medicos, Shop No.01, Near Goyal Clinic, Ghanour Road, Moti Nagar, Ambala City, Distt. Ambala. A team of following officers/officials was constituted: 1. Dr. Vipan Bhandari, ASMO, Nodal Officer PNDT/MTP. 2. Sh. Hemant Grover, DCO, Ambala. Mrs. Roop Devi w/o Sh. Dalbir Singh, r/o Ramdass Nagar, Ambala City has given her consent to join the team and given her statement. On dated 13.02.2025 informer Mr. Bhupinder Singh s/o Sh. Pappu, r/o H. No.10, New Vivek Vihar, Ambala City informed the office of Civil Surgeon, Ambala regarding illegal sale of MTP Kits by some people around his home area and being a responsible citizen, he wanted to help the health department to curb such illegal activities/person. Team has asked him to place an order and on 15.02.2025 he paid through Google pay paid Rs.850/-in the a/c of Mr. Manish @ Monu prop of M/s Sharma Medicos, Shop No.01, Near Goyal Clinic, Ghanour Road, Moti Nagar, Ambala City, Distt. Ambala on his Mobile No.70271xxxxx. Today on dated 25-02- 2025 at around 4.30 pm onwards Informer Mr. Bhupinder Singh s/o Sh. Pappu was sent to Sharma Medicos. Shop No.01, Near Goyal Clinic, Ghanour Road, Moti Nagar, Ambala City, Distt. Ambala alongwith decoy patient. He contacted Mr. Manish for which he told Mr. Bhupinder to come alone and there is no requirement of pregnant lady to come to the shop. Team started following them and as per the request of the Sharma Medicos person he left the pregnant lady at a distance from that shop and went to take the MTP Kit. Team was waiting at a distance from that spot. After reaching at shop, he asked Mr. Manish to provide the MTP kit as decided then Mr. Manish called person named Mr. Shiv Sharma S/o Sh. Jatinder Sharma, r/o Nadi Mohalla Ambala City to bring the MTP Kit for him, and he brought the MTP Kit of which the details are as follows: Product: Prega End (Combi pack of Mifepristone Misoprostol Tablets) Batch No.: Master Batch No. PE0422011, Product Batch No. A-FG01548 B-FG02548 Mfg Date: 10/2024, Exp Date: 09/2026, Mrp Rs.389.00/- PER KITS inclusive of all taxes Mfg. By: Akums Drugs Pharmaceuticals Ltd. 47- 485ecfor-6A LLE, SIDCUL, Ranipur Haridwar 249403, Uttarakhand INDIA. After that Mr. Shiv Sharma gave the above-mentioned medicine to Manish allas Monu and he wrapped it in a paper envelope and handed it over to Mr Bhupinder and also explained him the procedure to give to pregnant lady for the termination of pregnancy. After that Mr. Bhupinder left the shop and reached to the pregnant lady waiting at a distance and gave a signal to the health department team waiting at a distance. The team reached the spot and confronted the chemist shop proprietor Mr Manish alias Monu and Mr. Shiv Sharma present at the shop regarding trying to conduct an abortion on the decoy pregnant lady and practicing medicine without the proper degree/license. Sd/- Vipan Bhandari, ASMO.” Jyoti Sharma 2025.07.17 16:53 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh 2 CRM-M-33263-2025 4. The petitioner's counsel prays for bail by imposing any stringent conditions and contends that further pre-trial incarceration would cause an irreversible injustice to the petitioner and their family. He further seeks bail on the grounds of parity with co-accused who has been granted regular bail by this Court. 5. 6. The State’s counsel opposes bail based on instructions. There is sufficient primafacie evidence connecting the petitioner with the alleged crime. However, pre-trial incarceration should not be a replica of post-conviction sentencing. Per paragraph 3 of the bail petition, the petitioner has been in custody since 25.02.2025. Per the custody certificate dated 03.07.2025, the petitioner’s total custody in this FIR is 04 months and 08 days. Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the primafacie analysis of the nature of allegations, co-accused already been granted bail and the other factors peculiar to this case, there would be no justifiability for further pre-trial incarceration at this stage. 7. Without commenting on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner makes a case for bail. This order shall come into force from the time it is uploaded on this Court's official webpage. 8. Given above, provided the petitioner is not required in any other case, the petitioner shall be released on bail in the FIR captioned above subject to furnishing bonds to the satisfaction of the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Court must be satisfied that if the accused fails to appear, such surety can produce the accused. 9. While furnishing a personal bond, the petitioner shall mention the following personal identification details: 1. AADHAR number 2. Passport number (If available) and when the attesting officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) 4. E-Mail id (If available) 10. This order is subject to the petitioner’s complying with the following terms. 11. The petitioner shall abide by all statutory bond conditions and appear before the concerned Court(s) on all dates. The petitioner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuade them from disclosing such facts to the Police or the Court. Jyoti Sharma 2025.07.17 16:53 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh 3 CRM-M-33263-2025 12. This bail is conditional, and the foundational condition is that if the petitioner indulges in any non-bailable offense, the State may file an application for cancellation of this bail before the Sessions Court, which shall be at liberty to cancel this bail. 13. Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 14. A certified copy of this order would not be needed for furnishing bonds, and any Advocate for the Petitioner can download this order along with case status from the official web page of this Court and attest it to be a true copy. If the attesting officer wants to verify its authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds. 15. Petition allowed in terms mentioned above. All pending applications, if any,
Decision
stand disposed of. 17.07.2025 Jyoti Sharma Whether speaking/reasoned: Yes No. Whether reportable: (ANOOP CHITKARA) JUDGE Jyoti Sharma 2025.07.17 16:53 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh 4