JUDGMENT : P.K. LOHRA, J. Arrested in furtherance of investigation into FIR No. 41/2017, registered at Police Station, P.C.P.N.D.T, P.B.I., Medical & Health Services, Jaipur, accused-petitioner has made this second attempt for seeking bail by laying application under Section 439 Cr. P.C. 2. In the FIR, besides petitioner, two other accused persons, viz., Ms. Sonia and Ms. Lalita Choudhary are also charged for offence punishable under Sections 4, 5, 6, 23 & 25 of The Preconception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (for short, ‘P.C.P.N.D.T. Act’) and Sections 315/511 & 120B IPC. 3. First bail application of petitioner bearing No. 9585/2017 was nixed on 2nd of November, 2017 by a detailed order. 4. Arguing on this second bail application, learned counsel Mr. Nishant Bora submits that after rejection of first bail application there is substantial change in the circumstances inasmuch as upon completion of investigation charge-sheet in the matter has been filed. Learned counsel further submits that for the alleged offences under the P.C.P.N.D.T. Act the maximum punishment of three years is provided if it is a first offence and the same is triable by Magistrate. Learned counsel would contend that sans any earlier criminal delinquency of the petitioner, coupled with his status as a senior citizen, is yet another mitigating circumstance for favourable consideration of the second bail plea. While referring to offence under Sections 315/511 & 120B IPC, learned counsel contends that incriminating evidence collected during investigation in this behalf is per se not of sterling worth. Lastly, espousing cause of the petitioner for grant of bail, learned counsel has urged that petitioner is in custody since 11th of October, 2017 and co-accused Ms. Sonia has already been enlarged on bail by the Coordinate Bench while considering her Bail Application No. 10202/2017 on 28th of November, 2017. 5. Per contra, learned Public Prosecutor, Mr. A.S. Rathore, has vehemently opposed the second bail application of petitioner. It is argued by learned Public Prosecutor that pre-natal diagnostic techniques for determination of sex of foetus leading to female foeticide is a cause of grave and serious concern inasmuch as it is directly affecting the dignity and status of women. Learned Public Prosecutor has further argued that case of co-accused Ms. Sonia is clearly distinguishable. 6. I have bestowed my consideration to the arguments advanced at the Bar and perused the materials available on record. 7.
Learned Public Prosecutor has further argued that case of co-accused Ms. Sonia is clearly distinguishable. 6. I have bestowed my consideration to the arguments advanced at the Bar and perused the materials available on record. 7. While it is true that petitioner is charged for various offences under the P.C.P.N.D.T. Act besides offences under Section 315/511 & 120B IPC, but then, after rejection of first bail application there is material change in the circumstances. Completion of investigation and filing of charge-sheet pre-supposes that now petitioner would not be in a position to influence the prosecuting agency. Moreover, in the backdrop of alleged criminal delinquency of the petitioner and his incarceration for more than three months is yet another relevant consideration for giving some reprieve to him in the matter of grant of bail. 8. In view thereof, while refraining to make any comment on merits of the case and upon consideration of the factors referred to supra, I feel persuaded to accept this second bail application. 9. Accordingly, the second bail application is allowed and accused-petitioner Dr. Ashok Kumar Gupta S/o Ved Bhushan Gupta Agrawal, arrested in connection with F.I.R. No. 41/2017 of Police Station, P.C.P.N.D.T, P.B.I., Medical & Health Services, Jaipur, is ordered to be released on bail; provided he furnishes a personal bond of Rs. 50,000/- with two sureties of like amount including one local surety to the satisfaction of learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.