JUDGMENT MEHINDERSINGHSULLAR, J.(oral) Petitioner Abhishek Anand Pandey son of Chetan Kumar Pandey, has directed the instant petition for the grant of regular bail, in a case registered against him along with his other coaccused, vide FIR No.42 dated 07.05.2012, on accusation of having committed the offences punishable under Sections 419, 420, 468, 471, 474, 120B IPC and Sections 18, 19 & 20 of The Transplantation of Human Organ Act, 1994, by the police of Police Station Phase8, S.A.S. Nagar, Mohali. 2. Notice of the petition was issued to the State. 3. After hearing the learned counsel for the parties, going through the record with their valuable assistance and after considering the entire matter deeply, to my mind, there is no merit in the instant petition in this context. 4. The crux of the prosecution version as emanating from the order dated 13.06.2012(Annexure P3) of the Additional Sessions Judge, is as under: “During the investigation, it was found that one Ikramudin son of late Shri Mehrudin, resident of H.No.128, Veer Abdul Hasid Colony, P.S.Vijay Nagar, District Ghaziabad (U.P.) filed an affidavit as well as got recorded his statement that his eldest sister Ruksana used to remain ill. Therefore, he was in need of money for her treatment. Said Ikramudin stated to had discussed the matter with Shakil known to him, whom told him that there is one vein in the body, which if removed does not make any difference to the accused person, however, gives life to the person to whom the same is transplanted, for which, he assured to give him an amount of Rs.2 lacs. The said Ikramudin fell prey to the allurement given by Shakil who took him to village Khuda Lahora in Chandigarh where already four such persons were kept for the purpose of operation. After four days from the said place, Shakil took him to village Sarangpur, where, he was introduced with two persons namely Amitabh Pandey and Vikas, whom, also gave the version that if the vein from the body is removed, does not make any difference to the said person, however, gives life to some other person and for this operation, he was assured to be given Rs.2 lacs. At that point of time, one Manju Pandey mother of Amitabh and Abhishek Pandey were also present, who also give the same version. At that point of time, one Manju Pandey mother of Amitabh and Abhishek Pandey were also present, who also give the same version. The complainant stated to had fell prey to their allurement and gave consent for the operation. Four days thereafter, Shakil, Amitabh, Vikas took him to Silver Oaks Hospital, SAS Nagar (Mohali), where, they disclosed that the donor and donee are required to be blood related, therefore, his documents are required to be forged, in order to show him to be brother of one lady Archna Goyal and there they introduced Archna Goyal and his brother. Thereafter documents were forged from one person Parshotam in Bihar. Before conducting operation of the complainant, he was required to undergo some tests and his tests were conducted by one Sachin, lab technician in Shivalik Hospital and the check up of complainant and Archna Goyal used to be shown by Dr.Arjinder Bains. Since operation was to be performed inter se blood relations, as such, it was mandatory for donor and donee to undergo DNA test, for which purpose lab technician Sachin obtained the blood sample of the complainant. However, later on said lab technician after obtaining an amount of Rs.80,000/from Amitabh changed the blood sample of complainant with that of Amitabh. After the report of DNA the operation of the complainant was conducted by Dr.Ajinder Bains. He was discharged from the hospital after four days of the operation. Complainant thereby observed that there were as many as 13 stitches on the place, where, he was operated upon, whereas, he was assured that such kind of an operation are being conducted with two stitches, hence, he asked Vikas and Amitabh whom could not give satisfactory reply to him. The above referred person gave an amount of Rs.1 lac to him and to leave for his native place and not report to Chandigarh ever, otherwise, he would be killed. When the complainant went to his native village, he developed pain in abdomen and hence, he undergone check up from a doctor, whom disclosed that his one kidney was removed, on which, complainant disclosed that he had never got removed his kidney and when he asked Vikas and Amitabh in this regard, they do not satisfy him, which shows that all the persons in connivance of doctors of Shivalik and Silver Oaks Hospitals, removed his one kidney and prepared the forged document.” 5. Levelling a variety of allegations and narrating the sequence of events, in all, the prosecution claimed that the petitioner and his other co-accused have hatched a criminal conspiracy, prepared false and forged documents, in order to transplant human organs, leaving the innocent persons in lurch. Therefore, taking into consideration the gravity of indicated serious offences, to me, the petitioner is not entitled to the concession of bail in this respect. 6. There is yet another aspect of the matter, which can be viewed entirely from a different angle. As is evident from the record that the first petition bearing CRM No.M25316 of 2012 filed by the petitioner and his wife, was dismissed on merits by a Coordinate Bench (Jitendra Chauhan, J.) of this Court, by means of order dated 04.10.2012, which in substance is as under: “From the perusal of the case file, it emerges that there are specific allegations against the petitioners that they joined the coaccused in persuading and facilitating the organ transplantation, which was not legally permissible. Keeping in view the said fact and the involvement of both sons of the petitioner No.1, one of which namely Amitabh Pandey is still absconding, this Court is not inclined to grant any discretionary relief to the petitioners. As such, the present petition is dismissed.” 7. In the light of aforesaid reasons, taking into consideration the totality of facts & circumstances, emerging out from the record, as discussed hereinabove and without commenting further anything on merits, lest it may prejudice the case of either side during the course of the trial of the main case, as there is no merit, therefore, the instant second petition for regular bail filed by the petitioner is hereby dismissed as such in the obtaining circumstances of the case. Needless to mention that nothing observed, hereinabove, would reflect on the merits of the main case, in any manner, as the same has been so recorded for a limited purpose of deciding the present petition for regular bail only.