NEHA GARG v. STATE OF HARYANA
Case at a glance
- Decided
- 15 Jan 2026
- Bench
- RUPINDERJIT CHAHAL
Provisions considered
- Bharatiya Nagarik Suraksha Sanhita, 2023 ss. 482, 482(2)
- Medical Termination of Pregnancy Act ss. 3, 4, 5
- Medical Termination of Pregnancy Act, 1971 ss. 3, 4, 5
- Police Termination of Pregnancy Act, 1971
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- , Advocate for Mr. G.S. Majithia, Advocate for Mr. S.S. Majithia, Advocate for the petitioner. Mr. Mohit Chaudhary, AAG, Haryana. Mr. Mohit Chaudhary, AAG, Haryana. ***** RUPINDERJIT CHAHAL, J. (ORAL) RUPINDERJIT CHAHAL, J. (ORAL)
Through the instant petition filed under Section 482 of the Through the instant petition filed under Section 482 of the Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the FIR No.368, dated 27.10.2025, petitioner seeks anticipatory bail in case FIR No.368, dated 27.10.2025, FIR No.368, dated 27.10.2025, petitioner seeks anticipatory bail in case egnancy Act, under Sections 3, 4 and 5 of the Medical Termination of Pregnancy Act, under Sections 3, 4 and 5 of the Medical Termination of Pr under Sections 3, 4 and 5 of the Medical Termination of Pr 1971, registered at Police Station Nissing, District Karnal. 1971, registered at Police Station Nissing, District Karnal 1971, registered at Police Station Nissing, District Karnal
On 17.11.2025, following order ordinate .2025, following order was passed by the co-ordinate bench of this Court: - bench of this Court
1. Prayer in this petition under Section 482 of BNSS, “1. Prayer in this petition under Section 482 of BNSS, 1. Prayer in this petition under Section 482 of BNSS, in case FIR No.368, dated 2023 is for grant of anticipatory bail in case FIR No.368, dated 2023 is for grant of anticipatory bail
27.10.2025, under Sections 3, 4 and 5 of the Medical 27.10.2025, under Sections 3, 4 and 5 of the Medical 27.10.2025, under Sections 3, 4 and 5 of the Medical Termination of Pregnancy Act, 1971, registered at Police Termination of Pregnancy Act, 1971, registered at Police Termination of Pregnancy Act, 1971, registered at Police Station Nissing, District Karnal. Station Nissing, District Karnal. GURPREET 2026.01.16 16:38 I attest to the accuracy and authenticity of this document. CRM-M-62141 62141-2025 - -2-
2. Status report dated 15.11.2025 by way of affidavit of 2. Status report dated 15.11.2025 by way of affidavit of 2. Status report dated 15.11.2025 by way of affidavit of Sandeep Kumar, HPS, Deputy Superintendent of Poice, (HQ), Sandeep Kumar, HPS, Deputy Superintendent of Poice, (HQ), Sandeep Kumar, HPS, Deputy Superintendent of Poice, (HQ), State and the Karnal has been filed on behalf of respondent-State and the Karnal has been filed on behalf of respondent same is taken on record.
Learned counsel for the parties have been heard and 3. Learned counsel for the parties have been heard and 3. Learned counsel for the parties have been heard and material on file has been perused. material on file has been perused.
The present case was registered on the basis of 4. The present case was registered on the basis of 4. The present case was registered on the basis of information given to the police by Dr. Sheenu Chaudhary, information given to the police by Dr. Sheenu Chaudhary, information given to the police by Dr. Sheenu Chaudhary, Deputy Civil Surgeon, Karnal with the allegations that on the Deputy Civil Surgeon, Karnal with the allegations that on the Deputy Civil Surgeon, Karnal with the allegations that on the the orders information of District ASHA Co-ordinator, and on the orders information of District ASHA Co from the Civil Surgeon, Karnal, it was found that one patient from the Civil Surgeon, Karnal, it was found that one patient from the Civil Surgeon, Karnal, it was found that one patient from the Civil Surgeon, Karnal, it was found that one patient namely Ritu has undergone abortion/treatment at Neha Garg namely Ritu has undergone abortion/treatment at Neha Garg namely Ritu has undergone abortion/treatment at Neha Garg Nursing Home, Nissing and thereafter, a team was constituted, Nursing Home, Nissing and thereafter, a team was constituted, Nursing Home, Nissing and thereafter, a team was constituted, Nursing Home, Nissing and thereafter, a team was constituted, which visited the hospital, where doctor was found present.
On which visited the hospital, where doctor was found present. On which visited the hospital, where doctor was found present. On inspection of the maternity ward, two dilators and seven inspection of the maternity ward, two dilators and seven inspection of the maternity ward, two dilators and seven Carboprost Carboprost Carboprost tablets were tablets were tablets were there along with other there along with other there along with other instruments. Patient Ritu was called at Civil Surgeon office and instruments. Patient Ritu was called at Civil Surgeon office and instruments. Patient Ritu was called at Civil Surgeon office and her statement was recorded in the presence of Dr. Neha Garg. her statement was recorded in the presence of Dr. Neha Garg. her statement was recorded in the presence of Dr. Neha Garg. the ultrasound of Ritu was got conducted at It was revealed that the ultrasound of Ritu was got conducted at the ultrasound of Ritu was got conducted at It was revealed that Karnal on 30.09.2025, which indicates that there was ongoing Karnal on 30.09.2025, which indicates that there was ongoing Karnal on 30.09.2025, which indicates that there was ongoing early gestation of uncertain viability.
It was concluded that early gestation of uncertain viability. It was concluded that early gestation of uncertain viability. It was concluded that from the recovery of two dilators, it can be inferred that Dr. from the recovery of two dilators, it can be inferred that Dr. from the recovery of two dilators, it can be inferred that Dr. from the recovery of two dilators, it can be inferred that Dr. on upon the patient, after getting the Neha had performed abortion upon the patient, after getting the on upon the patient, after getting the Neha had performed aborti ultrasound conducted. Apprehending arrest, petitioner applied ultrasound conducted. Apprehending arrest, petitioner applied ultrasound conducted. Apprehending arrest, petitioner applied for anticipatory bail which has been rejected. for anticipatory bail which has been rejected. for anticipatory bail which has been rejected.
Learned counsel for the petitioner contended that 5. Learned counsel for the petitioner contended that 5. Learned counsel for the petitioner contended that complaint of patient had come to the clinic of the petitioner with complaint of patient had come to the clinic of the petitioner with patient had come to the clinic of the petitioner with bleeding and she was advised to undergo ultrasound and she bleeding and she was advised to undergo ultrasound and she bleeding and she was advised to undergo ultrasound and she had undergone ultrasound at Karnal. No abortion was carried had undergone ultrasound at Karnal. No abortion was carried had undergone ultrasound at Karnal. No abortion was carried out by the petitioner and this fact has been denied by the out by the petitioner and this fact has been denied by the out by the petitioner and this fact has been denied by the patient. Learned counsel further contended that merely because patient.
Learned counsel further contended that merely because patient. Learned counsel further contended that merely because patient. Learned counsel further contended that merely because o dilators have been found from the hospital is not sufficient two dilators have been found from the hospital is not sufficient o dilators have been found from the hospital is not sufficient to infer that petitioner indulges in conducting abortion as to infer that petitioner indulges in conducting abortion as to infer that petitioner indulges in conducting abortion as GURPREET 2026.01.16 16:38 I attest to the accuracy and authenticity of this document. CRM-M-62141 62141-2025 - -3- dilators are required for several purposes by gynecologists, dilators are required for several purposes by gynecologists, dilators are required for several purposes by gynecologists, including inserting a copper T and also for the purpose of including inserting a copper T and also for the purpose of including inserting a copper T and also for the purpose of . Learned counsel next contended that there is no delivery.
Learned counsel next contended that there is no . Learned counsel next contended that there is no cogent material against the petitioner or even a complaint by cogent material against the petitioner or even a complaint by cogent material against the petitioner or even a complaint by anyone that she has indulged in conducting abortion of any anyone that she has indulged in conducting abortion of any anyone that she has indulged in conducting abortion of any patient. Learned counsel further contended that petitioner is patient. Learned counsel further contended that petitioner is patient. Learned counsel further contended that petitioner is patient. Learned counsel further contended that petitioner is tigation and to abide by the conditions ready to join the investigation and to abide by the conditions tigation and to abide by the conditions that may be imposed by the Court and benefit of anticipatory that may be imposed by the Court and benefit of anticipatory that may be imposed by the Court and benefit of anticipatory bail be extended in favour of the petitioner. bail be extended in favour of the petitioner.
On the other hand, learned State counsel has opposed 6. On the other hand, learned State counsel has opposed 6. On the other hand, learned State counsel has opposed the bail and argued that petitioner does not deserve the the bail and argued that petitioner does not deserve concession of bail in view of the gravity of the offence. concession of bail in view of the gravity of the offence.
Adjourned to 15.01.2026 for filing status report. 7. Adjourned to 15.01.2026 for filing status report. 7. Adjourned to 15.01.2026 for filing status report. Meanwhile, the petitioner is directed to join the investigation Meanwhile, the petitioner is directed to join the investigation Meanwhile, the petitioner is directed to join the investigation - and in the event of her arrest, she shall be admitted to ad and in the event of her arrest, she shall be admitted to ad- furnishing bail bonds to the satisfaction of the interim bail on furnishing bail bonds to the satisfaction of the furnishing bail bonds to the satisfaction of the Arresting/Investigating Officer, subject Arresting/Investigating Officer, subject Arresting/Investigating Officer, subject Arresting/Investigating Officer, subject following following following following conditions as envisaged under Section 482(2) of the BNSS conditions as envisaged under Section 482(2) of the BNSS conditions as envisaged under Section 482(2) of the BNSS [erstwhile Section 438(2) Cr.P.C.]:- [erstwhile Section 438(2) Cr.P.C.]: r i) that the petitioner shall make herself available for i) that the petitioner shall make herself available fo interrogation by a police officer as and when required; interrogation by a police officer as and when required; ii) that the petitioner shall not, directly or indirectly, ii) that the petitioner shall not, directly or indirectly, ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person make any inducement, threat or promise to any person make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her acquainted with the facts of the case so as to dissuade him/her acquainted with the facts of the case so as to dissuade him/her facts to the Court or to any police officer; from disclosing such facts to the Court or to any police officer; from disclosing such iii) that the petitioner shall not leave India without the iii) that the petitioner shall not leave India without the iii) that the petitioner shall not leave India without the prior permission of the Court; prior permission of the Court; - iv) such other condition as may be imposed under sub iv) such other condition as may be imposed under sub- section (3) of Section 480, as if the bail were granted under that section (3) of Section 480, as if the bail were granted under that section (3) of Section 480, as if the bail were granted under that section.”
3. Learned counsel for the petitioner submits that in compliance of Learned counsel for the petitioner submits that in compliance of Learned counsel for the petitioner submits that in compliance of the order dated 17.11.2025 passed by the co- the order dated Court, the -ordinate bench of this Court, the petitioner has joined the investigation. petitioner has joined the investigation. GURPREET 2026.01.16 16:38 I attest to the accuracy and authenticity of this document. CRM-M-62141 62141-2025 - -4-
4. SI Learned counsel for the State, on instructions from ASI Learned counsel for the State, on instructions from , has submitted Sawdesh Kumar, has submitted , has submitted Sawdesh Kumar the petitioner has the petitioner has the petitioner has joined joined joined investigation and is no longer required for further investigation. investigation and is no longer required for further investigation. investigation and is no longer required for further investigation.
5. In view of the statement made by learned State counsel, the In view of the statement made by learned State counsel, the In view of the statement made by learned State counsel, the interim order dated rim order dated 17.11.2025 passed by the co ordinate bench of this passed by the co-ordinate bench of this is made absolute. The petitioner shall continue to join investigation, Court, is made absolute. The petitioner shall continue to join investigation, is made absolute. The petitioner shall continue to join investigation, is made absolute. The petitioner shall continue to join investigation, as and when called by the Investigating Officer and shall also abide by the as and when called by the Investigating Officer and shall also abide by the as and when called by the Investigating Officer and shall also abide by the as and when called by the Investigating Officer and shall also abide by the conditions as provided under Section 482(2) of the BNSS. conditions as provided under Section 482(2) of the BNSS. conditions as provided under Section 482(2) of the BNSS.
15.01.2026 Gurpreet (RUPINDERJIT CHAHAL) (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No i) Whether speaking/reasoned? Yes/No `ii) Whether reportable? Yes/No GURPREET 2026.01.16 16:38 I attest to the accuracy and authenticity of this document.
Questions this judgment answers
Which statutory provisions did this judgment involve?
Bharatiya Nagarik Suraksha Sanhita, 2023 — ss. 482, 482(2); Medical Termination of Pregnancy Act — ss. 3, 4, 5; Medical Termination of Pregnancy Act, 1971 — ss. 3, 4, 5; Police Termination of Pregnancy Act, 1971; Code of Criminal Procedure, 1973 — s. 438(2).
Which court decided this case, and when?
Punjab & Haryana High Court, on 15 Jan 2026. The bench was RUPINDERJIT CHAHAL.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.