Kapurchand Nandram Rajput v. The State Of Maharashtra

2024:BHC-AUG:24447 946-ABA.1519-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 946 ANTICIPATORY BAIL APPLICATION NO. 1519 OF 2024 KAPURCHAND NANDRAM RAJPUT

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Ladda Somnath G. APP for Respondent-State : Mr. AAA Khan.

...

CORAM : S. G. MEHARE, J.

DATE :

10.10.2024 PER COURT :- 1.

Heard the learned counsel for the applicant and the learned APP for the respondent-State.

2.

The applicant seeks pre-arrest bail in Crime No.296 of 2024, registered with Bhokardan Police Station, District Jalna, for the offences punishable under Sections 91, 88, 61(2), 3(5) of the BNS, 2023, Section 33(2) of the Maharashtra Medical Practitioner's Act, 1961, Section 3 and 4 of the Medical Termination of Pregnancy Act, 1971 and Sections 3-A, 3-B read with Section 23 and 25 of the Pre-conception and Pre NatalDiagnostics Techniques (Prohibition of Sex Selection) Act, 1994 (PCPNDT Act).

946-ABA.1519-24.odt 3.

The applicant has a case that he has no concern with the main accused, who is his son-in-law. He runs his hospital separately. He played no role in the alleged illegal termination of pregnancy. Therefore, the ad-interim protection granted to him may be confirmed.

4.

Learned APP would submit that the applicant has cooperated with the investigation and nothing is to be recovered from him.

5.

Considering the role attributed to the applicant and the allegations levelled against him, the Court is of the view that the custodial interrogation of the applicant is not essential. Hence, the following order :

O R D E R

(i) The anticipatory bail application is allowed. (ii) The order granting ad-interim anticipatory bail to the applicant dated 19.09.2024 stands confirmed on the condition to attend the Police Station as and when called by the Investigating Officer on written notice, if required in future.

(S. G. MEHARE, J.) ...

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