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Judgment
V. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in G.R Case No.1173 of 2023 pending on the file of learned J.M.F.C., Khallikote, arising out of Beguniapada P.S. Case No.243 of 2023 for commission of the offence under Sections 315/420 IPC and Section 5(2)/5(4) of the Medical Termination of Pregnancy Act.
Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Addl. Sessions Judge, Khallikote, by order dated 03.07.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioner is in custody since 24.06.2023 and as charge sheet has already been filed, he may be released on bail.
Learned counsel for the State opposes the prayer for bail.
An affidavit has been placed on record indicating that the Petitioner does not have any criminal proclivity.
Considering the nature of allegation of termination of pregnancy posing as a trained medical profession, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin subject to verification of criminal antecedent.
If it comes to fore that the Petitioner has any criminal antecedent, this order shall stand recalled.
Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rule.
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