RAM MEHAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer is for grant of anticipatory bail to the petitioner -Dr. Ram Mehar in case FIR No.61 dated 09.03.2016 for the offences punishable under Section 4 of the Medical Termination of Pregnancy Act, 1971 (Section 3 of the MTP Act also mentioned in order dated 28.03.2016); under Sections 18 & 23 of the Pre -Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 (in the impugned order Annexure P -1, Sections 4 & 5 of the PNDT Act also mentioned) and later on added Section 201 of the Indian Penal Code, registered with Police Station Dadri City, District Bhiwani. The petitioner is a doctor having a licence for running a Diagnostic Centre conducting ultrasounds.

(2.) The allegations against him are that he is involved in conducting ultrasounds with the purpose of determining the sex of the foetuses. It was contended that even as per the FIR, there is no report seized by the police showing any ascertainment of the sex of any foetus by the petitioner. Learned Counsel for the petitioner submits that the petitioner has joined the investigation and his custodial interrogation is no longer required.

(3.) Learned State Counsel, assisted by ASI Karanbir Singh, agrees that the petitioner has joined the investigation and his custodial interrogation is no longer required. In view of the above, interim protection/pre -arrest bail granted by this Court, vide order dated 29.04.2016, is made absolute. Disposed of.