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2025 DAILYLAW 17243 (PNJ)

ROHIT DHARIWAL v. STATE OF HARYANA

CRM-M/4468/2025 · 2025-05-12

Harpreet Singh Brar

body2025

Judgment text

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214 IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH CRM-M-4468-2025 (O&M) Date of Decision: 12.05.2025 ROHIT DHARIWAL …Petitioner V/S STATE OF HARYANA …Respondent CORAM: HON’BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Neeraj Yadav, Advocate for the petitioner. Mr. Vikas Bhardwaj, AAG Haryana. **** HARPREET SINGH BRAR J. (Oral) 1. Prayer is for grant of anticipatory bail to the petitioner under Section 482 of BNSS, 2023 in criminal case having FIR No.08 dated 07.01.2025 registered under Sections 3, 4 and 5 of Medical Termination of Pregnancy Act, 1971 and Sections 318(4), 62 and 91 of BNS, 2023 at Police Station Dharuhera, District Rewari. 2. On 27.01.2025, following order was passed: “Prayer is for grant of anticipatory bail to the petitioner under Section 482 of BNSS, 2023 in criminal case having FIR No.08 dated 07.01.2025 registered under Sections 3, 4 and 5 of Medical Termination of Pregnancy Act, 1971 and Sections 318(4), 62 and 91 of BNS, 2023 at Police Station Dharuhera, District Rewari. Counsel for the petitioner inter alia submits that petitioner is a qualified doctor and is running SL Hospital, Dharuhera for the last three years and is being falsely implicated in the present case. It is further submitted that the petitioner was not found in the premises of aforesaid hospital at the time of alleged raid. Counsel for the petitioner further submits that even no such pregnant lady, who opted for termination of her pregnancy was recovered by the raiding party at the spot. Counsel for the petitioner further submits that petitioner is doing fair medical practice and is ready and willing to join investigation with the police. Notice of motion. AJAY GOSWAMI 2025.05.12 18:40 I attest to the accuracy and integrity of this document CRM-M-4468-2025 (O&M) -2- Mr. Arjun Lakhanpal, Addl.A.G., Haryana accepts notice on behalf of the State and submits that raid was conducted by the team headed by District Nodal Officer, PC & PNDT, Rewari and decoy met the receptionist of the hospital run by the present petitioner and handed over the specific currency notes worth Rs.8,000/- to the receptionist and the deal was struck but in the meantime, the present petitioner came to know that the said patient is decoy and on knowing this, the petitioner fled away from there using the backdoor of the hospital. However, the State counsel has not disputed the fact that even no pregnant woman was apprehended at the time of raid. That even the petitioner was not found available in the hospital premises at the relevant time as in the meantime petitioner escaped from there. The State counsel also not disputed the fact that the petitioner is having no criminal history. Now be listed on 12.05.2025. In the meantime, the petitioner is hereby directed to join investigation with the police and in case of arrest, he is directed to be released on interim bail by the IO/Arresting Officer to his own satisfaction till the next date of hearing. The petitioner is to abide by the conditions as envisaged under Section 482(2) of BNSS, 2023.” 3. Learned State counsel on instructions from ASI Satender Singh, submits that in compliance of order dated 27.01.2025 passed by this Court, the petitioner has joined the investigation and is not required for further custodial interrogation. 4. Keeping in view the statement made by learned State Counsel the order dated 27.01.2025, is made absolute. The petitioner shall abide by the terms and conditions enumerated in Section 482(2) of BNSS, 2023. 5. The petition is accordingly disposed of. (HARPREET SINGH BRAR) 12.05.2025 JUDGE Ajay Goswami Whether speaking/reasoned Yes/No Whether reportable Yes/No AJAY GOSWAMI 2025.05.12 18:40 I attest to the accuracy and integrity of this document