HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35185 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with prayer to quash order dated 31.7.2025 passed by learned Chief Judicial Magistrate, Bareilly rejecting the application filed by applicant for opening the sealed room and ultrasound machine sealed by learned Additional Chief Medical Officer, Bareilly as well as to quash entire proceeding of Case no. 3839 of 2024 (State vs. Amar Pal Singh & others) in pursuance of FIR dated 7.2.2023 lodged as Case Crime no. 105 of 2023 under sections 3(2), 3, 4(1)(2)(3), 5(2), 6(1), 18, 23, 29 of PCPNDT Act (The Pre-conception and Pre-natal Diagnostic Techniques Prohibition of Sex Selection) Act, 1994 and sections 34, 120B, 420 IPC, PS- Baradari, District Bareilly. Further prayer has been made to pass an order to open the sealed room where ultrasound machines are kept and ultrasound machine sealed by Additional Chief Medical Officer, Bareilly in Case no. 3839 of 2024. 3. Learned counsel for applicant submitted that in pursuance to lodging of present FIR, over the allegation that applicant and other co-accused persons were found involved in pre-natal sex selection, after investigation applicant has not been charge- sheeted, however, the ultrasound machine along with the premises have been sealed. For opening of the same, applicant Versus Counsel for Applicant(s) : Rajesh Kumar Sachan, Sandhya Sachan Counsel for Opposite Party(s) : G.A. Dr Smriti Gangwar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) moved an application before learned Chief Judicial Magistrate, Bareilly but the same has been rejected vide impugned order dated 31.7.2025. It is contended that impugned order is liable to be set aside, since the ultrasound machine and other equipments in the said premises due to non-functioning may be damaged. However, applicant is ready to furnish adequate surety in lieu of opening of the sealed room (where ultrasound machine have been kept). 4. Per contra, learned AGA vehemently opposed the prayer sought through instant application but could not dispute the aforesaid arguments. 5. Considering the facts and circumstances of the case, this Court finds that applicant who has not been charge sheeted, is a doctor by her profession and is having the requisite qualification for running Ultrasound Center and there is hardly any occasion arises in favour of prosecution not to release the ultrasound machine along with premises in which the ultrasound test was being performed. Impugned order dated 31.7.2025 rejecting release application of applicant is not sustainable in the eye of law and is hereby set aside. 6. The instant application stands allowed accordingly. 7. Learned court concerned is directed to pass fresh order in shape of releasing the premises having ultrasound machine and other equipments in favour of applicant upon furnishing surety upto the satisfaction of court concerned on the terms and conditions as mentioned below: (i) The applicant shall produce the ultrasound machine or other equipment in question as and when the learned concerned court will require during trial of aforementioned case crime number. (ii) The applicant shall not put for sale the ultrasound machine or other equipment in question by transferring the same to any third party. NA528 No. 35185 of 2025 2 (iii) The applicant shall also not change the nature and color of the ultrasound machine or other equipment in question in any manner during pendency of said case crime number. (iv) If in any case the ultrasound machine or other equipment in question is required to be produced before the court concerned for any technical observation, the same shall be abide by the applicant. October 6, 2025 Shaswat NA528 No. 35185 of 2025 3 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad