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Bombay High CourtABA/471/2025dismissed

Ravindrakumar Baburao Wagh v. The State Of Maharashtra And Another

2025-03-25Hon'Ble Shri Justice Arun R. Pedneker4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 904 ANTICIPATORY BAIL APPLN. NO.471 OF 2025 RAVINDRAKUMAR BABURAO WAGH

VERSUS

THE STATE OF MAHARASHTRA & ANOTHER ...

Advocate for Applicant : Mr.Satej S. Jadhav APP for Respondent-State : Mr.N.B.Patil ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 25.03.2025 P.C. :

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

2] The applicant has approached this Court apprehending arrest in connection with Crime No. 0296/2024, registered at Bhokardan Police Station, District Jalna, for the offence punishable under Sections 61 (2), 88, 91, 3 (5) of BNS, 2023, under Sections 3, 4 of the Medical Termination of Pregnancy Act, 1971, Section 33 (2) of the Maharashtra Medical Practitioners Act, under Section 3 (a), 3 (b), 23 of the PCPNDT Act and under Section 3, 6 of the National Nursing and Midwifery Commission Act.

3] The learned counsel for the applicant submits that there are no antecedents against the present applicant and no evidence is available against the applicant to connect in the alleged crime. He further submits that the allegation against the present applicant is that he has conducted the medical termination of one of the patient, who has sent by Mr. Nanasaheb. He further submits that the call details of the applicant do not match with the call details of the Nanasaheb, so also, with the patient. He submits that the call details of other three Doctors, who are the co-accused, have matched with the call details of Nanasaheb. He further submits that the other three Doctors are protected by interim orders.

4] The learned APP submits that the applicant is not a Doctor.

5] The learned counsel for the applicant submits that he is a qualified Doctor and he has Hospital and the applicant will produce certificates to that effect. 6] Considering the submissions, the applicant is granted interim protection in the following terms :- A] Till the next date, in the event the applicant is arrested in connection with Crime No. 0296/2024,

registered at Bhokardan Police Station, District Jalna, for the offence punishable under Sections 61 (2), 88, 91, 3 (5) of BNS, 2023, under Sections 3, 4 of the Medical Termination of Pregnancy Act, 1971, Section 33 (2) of the Maharashtra Medical Practitioners Act, under Section 3 (a), 3 (b), 23 of the PCPNDT Act and under Section 3, 6 of the National Nursing and Midwifery Commission Act, he shall be released on bail on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount.

B] The applicant shall remain present before the investigating officer on 29.03.2025 between 10.30 a.m. and 1.30 p.m.

C] The applicant shall co-operate with the investigation, including producing all documents in his possession, as may be demanded by the investigating officer.

D] The applicant shall not influence the informant, witnesses or any person concerned with the case and he shall not tamper with the evidence.

6] Needless to say, violation of any of the aforesaid conditions may result in this order being cancelled.

7] List on 08.04.2025. Interim protection till the next date.

[ARUN R. PEDNEKER] JUDGE DDC