210 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 17.06.2025 SHIV SHARMA ....Petitioner Versus STATE OF HARYANA ...Respondent CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN Present : Mr. Tarun Sharma, Advocate for the petitioner.

Ms. Aditi Girdhar, AAG, Haryana.

PANKAJ JAIN, J. (ORAL)

This petition has been filed under Section 483 of the BNSS

2023 for grant of regular bail to the petitioner in case F.I.R. No.0051, dated 26.02.2025 registered for the offences punishable under Sections 3, 4, 5 of Medical Termination of Pregnancy Act, 1971 and Section 34 of National Medical Commission Act, 2019 and Sections 61, 318(3) of BNS, 2023 at Police Station Ambala City, District Ambala.

2. As per the allegations levelled in the FIR, it has been alleged as under:

“At this time Dr.Vipan Bhandari, Nodal Officer PNDT/MTP, Ambala has ASMO come present in the police station and presented a complaint and the contents of which are as under: TO: SHO, PS City, Ambala City. Subject: Regarding complaint to lodge FIR under section 3,4,5 of MTP Act, 318(3) BNS, 61 BNS and 34 NMC Act against 1) Manish Kumar alias Monu s/o Varinder kumar, r/o 1672/2 Mahavir Nagar Ambala city. 2) Shiv Sharma s/o Jatinder Sharma, r/o 1727/27 Mahavir Nagar Ambala city. 3) Viresh mob no 9988293470 In reference to above mentioned subject, it is informed here that a nexus was being run by various people to supply the MTP kits to the pregnant ladies of District Ambala for the abortion of the unwanted pregnancies. A team was constituted by the Civil Surgeon Ambala to do the needful. A pregnant decoy lady was arranged for the same. The following action was taken regarding this matter. Today on dated 25- 02- 2025, as per order of Civil Surgeon, Ambala by vide letter no Endst. No. PNDT/2025/426 Dated: 24-02-2025 on the basis of secrete Information regarding illegal sale of MTP kit for causing illegal abortion of pregnant women in the area for monitory gains, indulging in illegal medical Degree or without practice any Qualification at M/s Sharma Medicose, Shop No. 01, Near Goyal Clinic Ghanour Road Moti Nagar Distt. Ambala. officers/ officials A team Ambala City, of following was constituted: 1. Dr. Vipan Bhandari, ASMO, Nodal Officer PNDT/ MTP. 2. Sh. Hemant Grover, DCO, Ambala. Mrs. Roop Devi W/o Sh. Dalbir singh r/o Ramdass nagar Ambala City has given her consent to join the team and given her statement. On dated 13-02-2025 informer Mr. Bhupinder Singh S/o Sh. Pappu R/o H. NO. 10 New Vivek Vihar Ambala city informed the office of Civil Surgeon Ambala regarding illegal sale of MTP Kits by some people around his home area and being a responsible citizen, he wanted to help the health department to curb such illegal activities/person. Team has asked him to place an order and on 15-02-2025 he paid through Google pay paid Rs. 850/- in the a/c of Mr. Manish @ Monu prop of M/s Sharma Medicose, Shop No. 01, Near Goyal Clinic Ghanour Road Moti Nagar Ambala City, Distt. Ambala on his Mobile No. 7027172227. Today on dated 25-02-2025 at around 4.30 pm onwards informer Mr. Bhupinder Singh S/o Pappu was Sh. sent to Sharma Medicose, Shop No. 01, Near Goyal Clinic Ghanour Road Moti Nagar Ambala City, Distt. Ambala along with decoy patient. He contacted Mr. Manish for which he told Mr Bhupinder to come alone and there is no requirement of pregnant lady to come to the shop. Team started following them and as per the request of the Sharma Medicose person he left the pregnant lady at a distance from that shop and went to take the MTP Kit. Team was waiting at a distance from that spot. After reaching at shop, he asked Mr. Manish to provide the MTP kit as decided then Mr. Manish called person named Mr. Shiv Sharma S/o Sh. Jatinder Sharma R/o Nadi Mohalla Ambala City to bring the MTP Kit for him, and he brought the MTP Kit of which the details are as follows: Product: Prega End (Combi pack of Mifepristone Misoprostol Tablets) Batch No.: Master Batch No. PE0422011, Product Batch No. AFG015