The Punjab and Haryana High granted anticipatory bail to the petitioner, an ayurveda gynecologist accused of terminating a pregnancy without authorization, and observed that there cannot be any apprehension of the petitioner tampering with the evidence as the whole procedure was documented and is in possession of the Investigating Agency.
Brief Facts:
The petitioner, an ayurveda gynecologist, accused of terminating a pregnancy without authorization and apprehending her arrest under Sections 3,4,5 of the MTP Act and Section 120B of IPC filed an application seeking pre-arrest bail under Section 438 CrPC.
Contentions of the Applicant:
The learned counsel appearing for the petitioner contended that the condition of the mother as well as the foetus was fully documented via ultrasound report and thus it was not the case of illegal termination of pregnancy. The counsel further relied on the communication by the government which clarified the position regarding conducting of deliveries by RAMS doctors. It was further argued that the child was pre-maturely delivered and whether it is a case of termination of pregnancy or premature delivery will be a debatable point.
Observations of the Court:
The court stated that if the case is found that of pre-mature delivery, then the petitioner would be entitled to have the benefit of the communication by the government and referred by the counsel appearing for the petitioner.
It was further stated that there cannot be any apprehension of the petitioner tampering with the evidence as the whole procedure was documented and is in possession of the Investigating Agency.
The decision of the Court:
The court allowed the petition and granted interim bail to the petitioner subject to the conditions under Section 438(2) CrPC.
Case Title: Dr. Mehak vs. State of Haryana
Coram: Hon’ble Mr. Justice Pankaj Jain
Case No.: CRM-M-31863-2023
Advocate for the Applicant: Mr. Bipan Ghai, Mr. Nikhil Ghai and Mr. Rishab Singla
Advocate for the Respondent: Mr. Gaurav Bansal, DAG Haryana
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