Pre-arrest bail is discretionary and should be granted in rare and exceptional circumstances. Habitual criminal activities and serious allegations may warrant custodial interrogation, and lack of full cooperation with the investigating agency can impact the eligibility for pre-arrest bail.

JUDGMENT

H.S. Madaan, J. (Oral). - Case taken up through video conferencing.

This petition for pre-arrest bail has been filed by petitioner Malkiat Singh, an accused in FIR No.195 dated 05.11.2020, for offences under Sections 420, 120-B IPC and Sections 3(A), 4, 5(2), 6(b) of Pre- natal Diagnostics (Regulation and Prevention of Misuse) Act, 1994, registered with Police Station Sadar Ahmedgarh, District Sangrur.

Briefly stated the facts of the case as per prosecution story are that, on receipt of secret information that illegal activities in the form of female foeticide were being carried out in the area of Sangrur a raiding team headed by Dr. Ravinder Kaler was constituted to apprehend the culprits; a team of health officials from Hisar was also associated; one Monika wife of Anil having 18 weeks pregnancy was joined with the raiding party as a decoy; a sum of Rs.25,000/- was handed over to her; the matter was discussed with tout Kamaljeet Kaur and deal was finally struck for termination of pregnancy of decoy Monika for Rs.25,000/-;

Monika met Kamaljeet Kaur and the former asked the latter to sit pillion on her scooty, which she did and both of them then proceeded towards Ludhiana-Sangrur road; after sometime, Kamaljeet Kaur made Monika to sit in a Verna car, where petitioner/accused Malkiat Singh was there, who performed sex determination test on decoy Monika with a portable ultrasound machine, looking like a mobile phone and informed Monika that the foetus being carried by her was a female; thereafter, Malkiat Singh driving the car, dropped Monika near Kamaljeet Kaur, tout; thereafter, the petitioner talked with Kamaljeet Kaur and left towards Sangrur in his Verna car; the team of health officials from Hisar apprehended Kamaljeet Kaur in the meanwhile; team from Sangrur also reached there; a sum of Rs.8000/- was recovered from Kamaljeet Kaur; as informed by Kamaljeet Kaur, the remaining amount of Rs.17,000/- had been given to the petitioner; after completion of necessary formalities, police of Police Station Sadar Ahmedgarh was informed, on the basis of which, formal FIR was registered.

Apprehending his arrest in this case, the petitioner had approached the Courts of Sessions at Sangrur, by moving an application for grant of pre-arrest bail. However, his such application which was assigned to Addl. Sessions Judge, was however dismissed, vide order dated 20.11.2020. As such, the petitioner has approached this Court, craving for grant of similar relief, which request is being opposed by the State counsel.

I have heard learned counsel for the parties besides going through the record.

Pre-arrest bail is a discretionary equitable relief, which is to be granted by the Court in rare and exceptional circumstances to save the innocent persons from harassment and inconvenience and not to provide protective umbrella to the criminals enabling them to avoid arrest and interrogation by the investigating agency. In the instant case, as per reply filed on behalf of the State, the petitioner is involved in 06 more cases, as per details below:-

1. FIR No.106 dated 20.12.2015, under Sections 420, 315, 316, 120-B IPC and Sections 22 and 23 of PDTP Act, 2003, registered at Police Station Sadar, Ahmedgarh.

2. FIR No.24 dated 15.03.2018, under Sections 420, 120-B IPC and Sections 3(3), 4(5), 5, 6, 18 and 23 of PNDT Act Rule 11(2), registered at Police Station Sadar, Ahmedgarh.

3. FIR No.26 dated 03.04.2018, under Sections 420, 120-B IPC and Sections 3(3), 4(5), 5, 6, 18 and 23 of PNDT Act Rule 11(2), registered at Police Station Sadar, Ahmedgarh.

4. FIR No.182 dated 15.11.2019, under Sections 3, 4, 5, 6, 6 (c), 18, 23, 25 of PNDT Act and Section 420 IPC and Sections 21(C) and 22(C) of NDPS Act, registered at Police Station Gulha, District Hisar.

5. FIR No.73 dated 05.06.2019, under Sections 420, 120-B IPC, registered at Police Station City-I, Malerkotla.

6. FIR No.420 dated 18.09.2016, under Sections 3, 4, 5, 6, 23, 29 of PNDT Act, registered at Police Station