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MAHABIR SINGH SINDHU
Indira – Appellant
Versus
State of Haryana – Respondent
MAHABIR SINGH SINDHU, J.
Present petition under Section 438 of the Code of Criminal Procedure has been filed for grant of pre-arrest bail to the petitioner in FIR No.112 dated 15.02.2023, under Sections 3, 4, 5 of the Medical Termination of Pregnancy Act, 1971 (for short ‘1971 Act’); (Sections 4, 5, 6 & 23 of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (for short ‘1994 Act’) added later on); Sections 420, 120-B of the Indian Penal Code, 1860 (for short ‘IPC’), registered at Police Station Assandh, District Karnal.
2. It transpires that above FIR was registered on the basis of complaint, made by Deputy Civil Surgeon, Karnal to that effect that on 15.02.2023, a telephonic information was received from one Virk Hospital regarding illegal abortion of pregnant woman, whose uterus was ruptured; the child had come in the abdomen and due to that, her condition is serious. On complaint, a raiding team of Doctors was constituted and at about 11:30 AM, they reached at Virk Hospital and found that patient-Manisha was put on ventilator. On inquiry, her mother-in-law Santosh disclosed that illegal termination of pregnancy of victim was conducted
The main legal point established in the judgment is the grant of pre-arrest bail to the petitioner based on her alleged involvement in the case and the conditions of the bail under Section 438(2) of ....
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