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Neutral Citation No. - 2025:AHC:79649 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15445 of 2025 Applicant :- Adarsh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Naveen Kumar Yadav,Pradeep Kumar Yadav,Sudhir Kumar Agarwal Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. Heard learned counsel for the applicant and learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 100 of 2025, under Sections 61(2), 318(4) of B.N.S. and section 3(1), 3(2), 3(3), 4, 5(1)A, 6 (A), 6(C) Pre-Netal Diagnostic Techniques Act, 1994 and section 34 National Medical Commission Act, 2019, Police Station Khekhda, District Baghpat.
Learned counsel for the applicant submitted that according to prosecution version, a police raid was laid on the ultrasound center of Dr. Gaurav Gupta on the basis of prior complaint that on said ultrasound center, sex determination of feotus of pregnant women was carried out in violation of law and which is an offence also. For that purpose, a pregnant lady acted as decoy and her fake husband contacted a person namely Sachin and for that purpose he took Rs. 9,500/- from him and her fake husband contacted Sachin to the center for carrying sex determination of feotus through ultrasound and he demanded money from so called husband. Ultrasound of decoy was carried out and a female child was growing in the womb. The police team raided the spot and arrested three persons Sachin, Gaurav and Adarsh from the spot. He next submitted that apart from the allegation that the applicant was also present on the spot, no role has been attributed to him in the alleged offence either in the FIR or in the statement of the witnesses and co-accused persons. Infact, he has been arrested only on the basis of suspicion. There is nothing to connect him with the said offence. He further submitted that this is a case of false implication of the applicant with regard to violation of
provision of P.C.P.N.D.T. Act in which a complaint is only to be filed before the competent court and lodging of FIR is not provided there. With above submission learned counsel prayed for release him on bail. Learned AGA has vehemently opposed the prayer for bail and submitted that this is special offence and affects society at large. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and the fact that no role has been attributed to the applicant in the FIR or in the statement of witnesses, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Adarsh Kumar, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:
1.
The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 14.5.2025 Dhirendra/ Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad