918-ABA-944-2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 918 ANTICIPATORY BAIL APPLICATION NO. 944 OF 2026 Shaikh Nargis Javed VERSUS The State Of Maharashtra Mr. S. S. Kazi h/f Mr. A. M. Inamdar, Advocate for Applicant Mr. A. R. Kale, APP for Respondent/State CORAM :R.M. JOSHI, J DATE :SEPTEMBER 03, 2026 P. C. : 1. Applicant apprehends arrest in connection with C.R. No. 203/2026 registered with Police Station Majalgaon Rural, District Beed for the offences punishable under Sections 64 and 91 of the Bharatiya Nyaya Sanhita, 2023 and Sections 4, 6 and 21 of the Protection of Children from Sexual Offences Act. 2. First information report indicates that the minor daughter of the informant was found pregnant. The said fact was ascertained after sonography was conducted since the said girl was taken to the hospital with complaint of stomach ache. First information report though states about she becoming pregnant on account of physical relationship with unknown person, during the course of investigation it is revealed that the girl was taken to the present Applicant who has administered pills to the girl, resulting into termination of her pregnancy. 2026:BHC-AUG:40187 918-ABA-944-2026.odt 3. Learned Counsel for the Applicant submits that the Applicant is a lady and a medical practitioner. It is his submission that there are no specific allegations in the FIR against Applicant. He further submits that in fact mother of the victim also sought to have been made accused herein this case. It is further submitted that co-accused i.e. Dr. Jaju as well as boy who allegedly committed sexual assault on the victim are enlarged on bail. According to him, considering the nature of allegations against the Applicant, custodial interrogation of the Applicant is not necessary., 4. Learned APP opposed the said contentions by submitting that the Applicant in any case is not authorized to carry out termination of pregnancy as she holds the qualification and decree in Homeopathy. He further submits that the statement of the mother of the victim in no uncertain terms indicates about the involvement of the Applicant in the crime. According to him, having regard to the serious nature of crime and implication of the same, this is not a case for grant of pre-arrest bail. 5. Prima facie perusal of the record though indicates that in the FIR Applicant has not been named, however, during the course of investigation her involvement in the crime is seen. It is pertinent to note that the mother of the victim in no uncertain terms gives statement with regard to the manner in which the victim was taken to the present Applicant and against the payment of Rs.15,000/-, she was given four tablets for 918-ABA-944-2026.odt consumption. After consumption of the same, the pregnancy of the victim girl was terminated. There is evidence on record collected during the course of investigation indicates that the sonography report of the victim indicates that she was pregnant at the relevant time. In so far as grant of bail to the co-accused is concerned, there are no allegations against them that they were responsible for the terminating pregnancy of the victim girl. As such, there is no question of taking into consideration the said orders for any purpose. 6. This Court finds substance in the contention of learned APP to the effect that the offence is serious in nature, illegal and unauthorized termination of pregnancy cannot be considered lightly. In any case, Applicant was not entitled to terminate pregnancy of the victim legally for want of qualification. Needless to say that the crime of this nature is serious and against society. This is not the case wherein there is no evidence to connect Applicant with the crime in question nor it is a case of possible false implication. Having regard to these facts, this Court finds no justification to grant pre-arrest bail to the Applicant. 7. In view of above, Application stands dismissed. (R. M. JOSHI, J.) Malani