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 the practice of illegal sex determination of foetus after getting ultrasound conducted in Karnal for a fee of Rs.40,000/-. The Civil Surgon, Karnal vide order dated 28.05.2022, constituted a raiding party headed by Dr. Seenu Chaudhary, Deputy Civil Surgeon, PC-PNDT Act to apprehend the culprits, while a four month pregnant woman had already been identified as decoy customer and through her, an amount of Rs.25,000/- had already been transferred online into the account of Nasib Singh. On 28.05.2022, the raiding team handed over currency notes amounting to Rs.15,000/- to the decoy customer for making remaining payment and at about 10:30 a.m., Nasib Singh and Rajesh Kumar (present petitioner) contacted the decoy customer and called her at Old Bus Stand, Karnal at 11:00 a.m. Thereafter, the decoy customer handed over Rs.15,000/- cash to Nasib Singh and both the said persons took the decoy customer to Good Hopes Diagnostic Centre near Old Bus Stand for sex determination of the foetus. Before conducting the ultrasound examination, Form-F was filled up and receipt of Rs.1000/- was obtained. After ultrasound, both the said persons took the decoy customer towards Old Bus Stand and Nasib Singh told the decoy customer that the foetus was of a girl. Thereafter, both the said persons left the decoy customer there and boarded a bus going towards Kaithal. In the meantime, the decoy customer disclosed to the raiding team that the said persons had disclosed sex of the foetus to her as girl and upon hearing this, the raiding team intercepted the bus and apprehended both the said persons. From their personal search, currency notes amounting to Rs.14,000/-, which had been handed over by the raiding team to the decoy customer, were recovered from the possession of Nasib Singh. Further, from the search of black bag being carried by said persons, a huge cache of medicines were also recovered. Drug Control Officer, Karnal was called on the spot. The recovered currency notes and mobile phones of the culprits were taken into possession by the raiding team. In the said occurrence, the role of hospital also appears to be suspicious. A prayer was made to take necessary action against the culprits. On the basis of said application and the documents/material appended therewith, the present FIR was registered and the petitioner was arrested.

5. Thereafter, petitioner applied for regular bail, however t