IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

216 Date of decision: 15.01.2026 NEHA GARG ….Petitioner Versus STATE OF HARYANA ....Respondent CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- Mr. G.S. Majithia, Advocate for Mr. S.S. Majithia, Advocate for the petitioner.

Mr. Mohit Chaudhary, AAG, Haryana.

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RUPINDERJIT CHAHAL, J. (ORAL)

1. Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner seeks anticipatory bail in case FIR No.368, dated 27.10.2025, under Sections 3, 4 and 5 of the Medical Termination of Pregnancy Act, 1971, registered at Police Station Nissing, District Karnal.

2. On 17.11.2025, following order was passed by the co-ordinate bench of this Court: -

“1. Prayer in this petition under Section 482 of BNSS, 2023 is for grant of anticipatory bail in case FIR No.368, dated 27.10.2025, under Sections 3, 4 and 5 of the Medical Termination of Pregnancy Act, 1971, registered at Police Station Nissing, District Karnal.

2. Status report dated 15.11.2025 by way of affidavit of Sandeep Kumar, HPS, Deputy Superintendent of Poice, (HQ), Karnal has been filed on behalf of respondent-State and the same is taken on record.

3. Learned counsel for the parties have been heard and material on file has been perused.

4. The present case was registered on the basis of information given to the police by Dr. Sheenu Chaudhary, Deputy Civil Surgeon, Karnal with the allegations that on the information of District ASHA Co-ordinator, and on the orders from the Civil Surgeon, Karnal, it was found that one patient namely Ritu has undergone abortion/treatment at Neha Garg Nursing Home, Nissing and thereafter, a team was constituted, which visited the hospital, where doctor was found present. On inspection of the maternity ward, two dilators and seven Carboprost tablets were found there along with other instruments. Patient Ritu was called at Civil Surgeon office and her statement was recorded in the presence of Dr. Neha Garg. It was revealed that the ultrasound of Ritu was got conducted at Karnal on 30.09.2025, which indicates that there was ongoing early gestation of uncertain viability. It was concluded that from the recovery of two dilators, it can be inferred that Dr. Neha had performed abortion upon the patient, after getting the ultrasound conducted. Apprehending arrest, petitioner applied for anticipatory bail which has been rejected.

5. Learned counsel for the petitioner contended that patient had come to the clinic of the petitioner with complaint of bleeding and she was advised to undergo ultrasound and she had undergone ultrasound at Karnal. No abortion was carried out by the petitioner and this fact has been denied by the patient. Learned counsel further contended that merely because two dilators have been found from the hospital is not sufficient to infer that petitioner indulges in conducting abortion as dilators are required for several purposes by gynecologists, including inserting a copper T and also for the purpose of delivery. Learned counsel next contended that there is no cogent material against the petitioner or even a complaint by anyone that she has indulged in conducting abortion of any patient. Learned counsel further contended that petitioner is ready to join the investigation and to abide by the conditions that may be imposed by the Court and benefit of anticipatory bail be extended in favour of the petitioner.

6. On the other hand, learned State counsel has opposed the bail and argued that petitioner does not deserve the concession of bail in view of the gravity of the offence.

7. Adjourned to 15.01.2026 for filing status report.

Meanwhile, the petitioner is directed to join the investigation and in the event of her arrest, she shall be admitted to ad- interim bail on furnishing bail bonds to the satisfaction of the Arresting/Investigating Officer, subject to the following conditions as envisaged under Section 482(2) of the BNSS [e