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2021 Supreme(SC) 39

MOHAN M.SHANTANAGOUDAR, VINEET SARAN, AJAY RASTOGI
Rekha Sengar – Appellant
Versus
State Of Madhya Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ms. Sakshi Vijay, Adv., Mr. Tapendra Sharma, Adv., Mr. Palav Agarwal, Adv., Mr. Ashutosh Kumar, Adv., Mr. Astik Gupta, Adv., Mr. Mnan Patel, Adv., Mr. Varun Kumar, Adv., Mr. Triloki Nath Razdan, AOR

JUDGMENT :

Mohan M. Shantanagoudar, J.

1. By the impugned order passed by the Madhya Pradesh High Court on 7.12.2020 in MCRC No. 48262 of 2020, the Petitioner’s application for bail under Section 439 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) has been rejected.

The record shows that an FIR was registered against the Petitioner and another person on 26.9.2020 in PS City Kotwali Morena, Madhya Pradesh alleging their involvement in pre-natal sex determination and abortion of female fetuses at their residence, without the required registration or license under law. The petitioner has been in custody since September 2020. Her first application for bail (Bail Application No. 1203/2020) was rejected by the learned IV Addnl. Sessions Judge, Morena on 01.10.2020, and her subsequent bail application before the High Court (MCRC-39649-2020) was dismissed as withdrawn on 14.10.2020. Charge-sheet was filed against the petitioner and the co-accused on 6.11.2020, for offences under the certain relevant provisions of Indian Penal Code, Medical Termination of Pregnancy Act, 1971 and under the provisions of the Pre-Conception and Pre-Natal Diagnostic Techniques (Regulation and Prevention of Mis


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