Judgment

Mr. Justice Pankaj Jain, J.

Apprehending her arrest in FIR No. 221 dated 13.6.2023 for offences punishable under Sections 3 , 4, 5 MTP Act and Section 120-B, IPC, 1860 registered at Police Station Pundri, District Kaithal, the petitioner has preferred this petition under Section 4 38 Cr.P.C seeking pre-arrest bail.

2. Learned counsel for the petitioner inter alia contends that condition of the fetus as well as the mother is evident from the ultra sound report dated 10.06.2023. The mother was brought to the nursing home wherein the petitioner was working as Gynaecologist being a qualified Ayurveda Dhanwantri (M.S-Ayurveda) Prasooti Tantra and Streeroga degree holder. The condition of the mother as well as the fetus was fully documented and thus, it will not be a case wherein the pregnancy was terminated illegally. Reliance has been placed upon communication dated 30.03.2017 whereby the Government of India has issued clarification regarding conducting of deliveries by RAMS doctors in the following terms:

“(a) Under Section 2 (e) of IMCC Act, 1970, “Indian Medicine means the system of Indian Medicine commonly known as Ashtang Ayurveda, Siddha, Unani Tibb or Sowa-Rigpa whether