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HARSH BUNGER
Rajesh Kumar – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Harsh Bunger, J.
Petitioner has filed the present petition under Section 439 of the Code of Criminal Procedure, 1973 (in short "Cr.P.C.") for grant of regular bail in case FIR No.323 dated 28.05.2022 (Annexure P-1) registered under Sections 3 -A, 4, 6(a), 23 of the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 (here-in-after referred as 'PNDT Act') ( Sections 3 , 5 and 6 of the 'PNDT Act' added later on) and Sections 420 and 120-B of the INDIAN PENAL CODE , 1860, (hereinafter referred as 'IPC') at Police Station Karnal Civil Lines, District Karnal.
2. Status report by way of an affidavit of Sh. Mukesh Kumar, HPS, Deputy Superintendent of Police (Headquarter), Karnal, on behalf of State of Haryana, has been filed, which is already on record.
3. Custody certificate dated 25.03.2023 of the petitioner has been filed by learned State Counsel in the Court today, which is taken on record, subject to all just exceptions.
4. The prosecution case is that on 28.05.2022, Deputy Civil Surgeon, PC-PNDT, Karnal came at the police station and presented an application alleging on the basis of secret information that a mediator Nasib Singh is indulging in th
The court considered the role attributed to the petitioner and the grant of bail to a similarly placed co-accused as key factors in allowing the bail application.
The court established that anticipatory bail in cases involving violations of the Pre-Natal Diagnostic Techniques Act is deniable due to the severe societal impact and the necessity for custodial int....
The court emphasized that bail should not be denied solely based on prior criminal history, focusing instead on the sufficiency of evidence and the likelihood of the accused appearing for trial.
Disclosure statements of co-accused are inadmissible against another accused unless corroborated by additional evidence.
The main legal point established in the judgment is that bail may be granted based on factors such as completion of investigation, nature of charges, and the defendant's personal circumstances.
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