CRM-M-62141 IN THE HIGH COURT OF PUNJAB & HARYANA 216 NEHA GARG STATE OF CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- RUPINDERJIT CHAHAL, J. (ORAL) 1. Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner seeks anticipatory bail in case under Sections 3, 4 and 5 of the Medical Termination of Pr 1971, registered at Police Station Nissing, District Karnal 2. bench of this Court 62141-2025 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH NEHA GARG Versus STATE OF HARYANA HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. G.S. Majithia, Advocate for Mr. S.S. Majithia, Advocate for the petitioner. Mr. Mohit Chaudhary, AAG, Haryana. ***** RUPINDERJIT CHAHAL, J. (ORAL) Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner seeks anticipatory bail in case FIR No.368, dated 27.10.2025, under Sections 3, 4 and 5 of the Medical Termination of Pr 1971, registered at Police Station Nissing, District Karnal On 17.11.2025, following order bench of this Court: - “1. Prayer in this petition under Section 482 of BNSS, 2023 is for grant of anticipatory bail 27.10.2025, under Sections 3, 4 and 5 of the Medical Termination of Pregnancy Act, 1971, registered at Police Station Nissing, District Karnal. -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-62141-2025 Date of decision: 15.01.2026 ….Petitioner ....Respondent HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL , Advocate for Mr. Mohit Chaudhary, AAG, Haryana. Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the FIR No.368, dated 27.10.2025, under Sections 3, 4 and 5 of the Medical Termination of Pregnancy Act, 1971, registered at Police Station Nissing, District Karnal. .2025, following order was passed by the co-ordinate 1. Prayer in this petition under Section 482 of BNSS, 2023 is for grant of anticipatory bail in case FIR No.368, dated 27.10.2025, under Sections 3, 4 and 5 of the Medical Termination of Pregnancy Act, 1971, registered at Police Station Nissing, District Karnal. - Petitioner ....Respondent Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the FIR No.368, dated 27.10.2025, egnancy Act, ordinate 1. Prayer in this petition under Section 482 of BNSS, in case FIR No.368, dated 27.10.2025, under Sections 3, 4 and 5 of the Medical Termination of Pregnancy Act, 1971, registered at Police GURPREET 2026.01.16 16:38 I attest to the accuracy and authenticity of this document. CRM-M-62141 from the Civil Surgeon, Karnal, it was found that one patient Nursing Home, Nissing and thereafter, a team was constituted, It was revealed that from the recovery of two dilators, it can be inferred that Dr. Neha had performed aborti for anticipatory bail which has been rejected. patient had come to the clinic of the petitioner with patient. Learned counsel further contended that merely because 62141-2025 2. Status report dated 15.11.2025 by way of affidavit of Sandeep Kumar, HPS, Deputy Superintendent of Poice, (HQ), Karnal has been filed on behalf of respondent same is taken on record. 3. Learned counsel for the parties have been heard and material on file has been perused. 4. The present case was registered on the basis of information given to the police by Dr. Sheenu Chaudhary, Deputy Civil Surgeon, Karnal with the allegations that on the information of District ASHA Co from the Civil Surgeon, Karnal, it was found that one patient namely Ritu has undergone abortion/treatment at Neha Garg Nursing Home, Nissing and thereafter, a team was constituted, which visited the hospital, where doctor was found present. On inspection of the maternity ward, two dilators and seven Carboprost tablets were found there along with other instruments. Patient Ritu was called at Civil Surgeon office and her statement was recorded in the presence of Dr. Neha Garg. It was revealed that the ultrasound of Ritu was got conducted at Karnal on 30.09.2025, which indicates that there was ongoing early gestation of uncertain viability. It was concluded that from the recovery of two dilators, it can be inferred that Dr. Neha had performed abortion upon the patient, after getting the ultrasound conducted. Apprehending arrest, petitioner applied for anticipatory bail which has been rejected. 5. Learned counsel for the petitioner contended that patient had come to the clinic of the petitioner with bleeding and she was advised to undergo ultrasound and she had undergone ultrasound at Karnal. No abortion was carried out by the petitioner and this fact has been denied by the patient. Learned counsel further contended that merely because two dilators have been found from the hospital is not sufficient to infer that petitioner indulges in conducting abortion as -2- 2. Status report dated 15.11.2025 by way of affidavit of Sandeep Kumar, HPS, Deputy Superintendent of Poice, (HQ), Karnal has been filed on behalf of respondent-State and the 3. Learned counsel for the parties have been heard and material on file has been perused. 4. The present case was registered on the basis of information given to the police by Dr. Sheenu Chaudhary, Deputy Civil Surgeon, Karnal with the allegations that on the information of District ASHA Co-ordinator, and on the orders from the Civil Surgeon, Karnal, it was found that one patient namely Ritu has undergone abortion/treatment at Neha Garg Nursing Home, Nissing and thereafter, a team was constituted, which visited the hospital, where doctor was found present. On inspection of the maternity ward, two dilators and seven Carboprost tablets were found there along with other instruments. Patient Ritu was called at Civil Surgeon office and her statement was recorded in the presence of Dr. Neha Garg. the ultrasound of Ritu was got conducted at Karnal on 30.09.2025, which indicates that there was ongoing early gestation of uncertain viability. It was concluded that from the recovery of two dilators, it can be inferred that Dr. on upon the patient, after getting the ultrasound conducted. Apprehending arrest, petitioner applied for anticipatory bail which has been rejected. 5. Learned counsel for the petitioner contended that patient had come to the clinic of the petitioner with complaint of bleeding and she was advised to undergo ultrasound and she had undergone ultrasound at Karnal. No abortion was carried out by the petitioner and this fact has been denied by the patient. Learned counsel further contended that merely because o dilators have been found from the hospital is not sufficient to infer that petitioner indulges in conducting abortion as - 2. Status report dated 15.11.2025 by way of affidavit of Sandeep Kumar, HPS, Deputy Superintendent of Poice, (HQ), State and the 3. Learned counsel for the parties have been heard and 4. The present case was registered on the basis of information given to the police by Dr. Sheenu Chaudhary, Deputy Civil Surgeon, Karnal with the allegations that on the the orders from the Civil Surgeon, Karnal, it was found that one patient namely Ritu has undergone abortion/treatment at Neha Garg Nursing Home, Nissing and thereafter, a team was constituted, which visited the hospital, where doctor was found present. On inspection of the maternity ward, two dilators and seven Carboprost tablets were found there along with other instruments. Patient Ritu was called at Civil Surgeon office and her statement was recorded in the presence of Dr. Neha Garg. the ultrasound of Ritu was got conducted at Karnal on 30.09.2025, which indicates that there was ongoing early gestation of uncertain viability. It was concluded that from the recovery of two dilators, it can be inferred that Dr. on upon the patient, after getting the ultrasound conducted. Apprehending arrest, petitioner applied 5. Learned counsel for the petitioner contended that complaint of bleeding and she was advised to undergo ultrasound and she had undergone ultrasound at Karnal. No abortion was carried out by the petitioner and this fact has been denied by the patient. Learned counsel further contended that merely because o dilators have been found from the hospital is not sufficient 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 patient. Learned counsel further contended that petitioner is Arresting/Investigating Officer, subject to the following from disclosing such prior permission of the Court; 3. the order dated petitioner has joined the investigation. 62141-2025 dilators are required for several purposes by gynecologists, including inserting a copper T and also for the purpose of delivery. Learned counsel next contended that there is no cogent material against the petitioner or even a complaint by anyone that she has indulged in conducting abortion of any patient. Learned counsel further contended that petitioner is ready to join the investigation and to abide by the conditions that may be imposed by the Court and benefit of anticipatory bail be extended in favour of the petitioner. 6. On the other hand, learned State counsel has opposed the bail and argued that petitioner does not deserve concession of bail in view of the gravity of the offence. 7. Adjourned to 15.01.2026 for filing status report. Meanwhile, the petitioner is directed to join the investigation and in the event of her arrest, she shall be admitted to ad interim bail on furnishing bail bonds to the satisfaction of the Arresting/Investigating Officer, subject to the following conditions as envisaged under Section 482(2) of the BNSS [erstwhile Section 438(2) Cr.P.C.]: i) that the petitioner shall make herself available fo interrogation by a police officer as and when required; ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer; iii) that the petitioner shall not leave India without the prior permission of the Court; iv) such other condition as may be imposed under sub section (3) of Section 480, as if the bail were granted under that section.” Learned counsel for the petitioner submits that in compliance of the order dated 17.11.2025 passed by the co- petitioner has joined the investigation. -3- dilators are required for several purposes by gynecologists, including inserting a copper T and also for the purpose of . Learned counsel next contended that there is no cogent material against the petitioner or even a complaint by anyone that she has indulged in conducting abortion of any patient. Learned counsel further contended that petitioner is tigation and to abide by the conditions that may be imposed by the Court and benefit of anticipatory bail be extended in favour of the petitioner. 6. On the other hand, learned State counsel has opposed the bail and argued that petitioner does not deserve the concession of bail in view of the gravity of the offence. 7. Adjourned to 15.01.2026 for filing status report. Meanwhile, the petitioner is directed to join the investigation and in the event of her arrest, she shall be admitted to ad- furnishing bail bonds to the satisfaction of the Arresting/Investigating Officer, subject to the following conditions as envisaged under Section 482(2) of the BNSS [erstwhile Section 438(2) Cr.P.C.]:- i) that the petitioner shall make herself available for interrogation by a police officer as and when required; ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her facts to the Court or to any police officer; iii) that the petitioner shall not leave India without the iv) such other condition as may be imposed under sub- section (3) of Section 480, as if the bail were granted under that Learned counsel for the petitioner submits that in compliance of -ordinate bench of this Court, the - dilators are required for several purposes by gynecologists, including inserting a copper T and also for the purpose of . Learned counsel next contended that there is no cogent material against the petitioner or even a complaint by anyone that she has indulged in conducting abortion of any patient. Learned counsel further contended that petitioner is tigation and to abide by the conditions that may be imposed by the Court and benefit of anticipatory 6. On the other hand, learned State counsel has opposed the 7. Adjourned to 15.01.2026 for filing status report. Meanwhile, the petitioner is directed to join the investigation - furnishing bail bonds to the satisfaction of the Arresting/Investigating Officer, subject to the following conditions as envisaged under Section 482(2) of the BNSS r ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her iii) that the petitioner shall not leave India without the - section (3) of Section 480, as if the bail were granted under that Learned counsel for the petitioner submits that in compliance of Court, the GURPREET 2026.01.16 16:38 I attest to the accuracy and authenticity of this document. CRM-M-62141 4. Sawdesh Kumar investigation and is no longer required for further investigation. 5. interim order dated Court, is made absolute. The petitioner shall continue to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided under Section 482(2) of the BNSS. 15.01.2026 Gurpreet 62141-2025 Learned counsel for the State, on instructions from Sawdesh Kumar, has submitted that the petitioner has joined the investigation and is no longer required for further investigation. In view of the statement made by learned State counsel, the rim order dated 17.11.2025 passed by the co is made absolute. The petitioner shall continue to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided under Section 482(2) of the BNSS. i) Whether speaking/reasoned? Yes/No `ii) Whether reportable? Yes/No -4- Learned counsel for the State, on instructions from ASI , has submitted that the petitioner has joined the investigation and is no longer required for further investigation. In view of the statement made by learned State counsel, the passed by the co-ordinate bench of this is made absolute. The petitioner shall continue to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided under Section 482(2) of the BNSS. (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No - SI , has submitted that the petitioner has joined the In view of the statement made by learned State counsel, the ordinate bench of this is made absolute. The petitioner shall continue to join investigation, as and when called by the Investigating Officer and shall also abide by the (RUPINDERJIT CHAHAL) GURPREET 2026.01.16 16:38 I attest to the accuracy and authenticity of this document.