SHIVANI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in both these petitions is for grant of regular bail to petitioners Shivani @ Sunita and Salim, in FIR No.618 dtd. 25/9/2021 under Ss. 3, 4, 5 of Medical Termination of Pregnancy Act, 1971, Ss. 18-A, 18-B, 18-C of Drugs and Cosmetics Act, Sec. 15(2)(B) of Indian Medical Council Act and Ss. 120-B, 336, 420 IPC, registered at Police Station Sector-10, Gurugram.

(2.) Learned counsel for the petitioners submit that in the FIR registered on a complaint given by Deputy Civil Surgeon, PNDT, Gurugram, it is stated that a secret information was received that one quack Dr. Mohammed Saleem is practising at M/s Sahara Medicos and Clinic, A-94, Saraswati Enclave, Village Kadipur, Gurugram and is running illegal business of medical termination of pregnancy and is providing MTP kits to abort the foetus of pregnant ladies and is endangering their lives. Co-accused/petitioner Shivani @ Sunita is helping him in the business and they are charging Rs.1000.00 to Rs.1100.00 per kit. On the basis of such information, a team was constituted and a decoy customer Manisha (a pregnant lady) and one Surender, to act as her husband, were sent to M/s Sahara Medicos and Clinic, where the decoy customer paid Rs.1050.00 and informed that she do not want to continue with her pregnancy and needs medicine for abortion. On this, petitioner Shivani @ Sunita provided a MTP kit to decoy customer Manisha. Later on, the team came at the spot and arrested both the petitioners.

(3.) Learned counsel for petitioner Shivani has submitted that the petitioner is a girl aged about 24 years and was only an employee in M/s Sahara Medicos and Clinic, which is run by co-accused; she is in custody since 25/9/2021 and is first offender. It is further submitted that it will be a matter of trial whether the offence under Sec. 4 of MTP Act is made out against the petitioner, as primary allegations against her are that co-accused Salim is working as a quack and the investigation is complete.