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Judgment
15 paragraphs · 282 wordsManjari Nehru Kaul, J
The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No. 877, dated 01.12.2020, under
Sections 3(1), 4, 5(1)(a), 6(a), 18, 29 of the Pre Natal Diagnostic Techniques (Prevention of Misuse) Act, 1994 and Under Sections 120-B, 420 IPC,
registered at Police Station City Panipat.
Learned counsel for the petitioner submits that the petitioner has been in custody since 01st December, 2020 and only challan has been presented till
date. Hence, there is no likelihood of the trial concluding anytime in the near future. He further submits that all the offences are triable by Magistrate.
Per contra, learned State counsel while opposing the prayer and submissions of learned counsel for the petitoiner, has apprised the Court that the
petitioner allegedly accompanied the decoy patient to the place where the sex determination test was carried out.
On a query put to the learned State counsel as to whether petitioner is involved in any other case of similar nature, she on instructions from ASI
Sethan Pal Chauhan, has replied in negative.
Heard.
In view of the submissions made by learned counsel for the parties, I deem it a fit case for grant of the concession of regular bail to the petitioner, as
the trial is unlikely to conclude in the near future, more so, in the prevailing conditions due to the outbreak of COVID-19. The petition as such is
allowed and the petitioner is admitted to bail to the satisfaction of trial Court/Duty Magistrate. However, it is made clear that anything observed
hereinabove shall not be construed to be an expression of opinion on the merits of the case.