Father-in-law of a woman who died after an allegedly illegal sex-determined termination of pregnancy sought regular bail. Court found his presence at the hospital significant, noted gravity of allegations and risk of witness influence, and dismissed the bail application.
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Through: Mr. Pradeep Chowdhary, Mr. Vikrant Chowdhary and Mr. Gaurav Kapoor, Advs.
versus
STATE GNCT OF DELHI & ANR. .....Respondents Through: Mr. Manoj Pant, APP for the State. Ms. Priyanka Rani and Mr. Tushar Jaiswal, Advs. for R-2.
CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA
O R D E R % 19.03.2026
CRL.M.A. 8494/2026 & CRL.M.A. 8495/2026 (exemption)
BAIL APPLN. 1122/2026
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vide DD No. 87A, information was received regarding the death of the sister of the caller. The deceased, who was the mother of two daughters, was pregnant at the relevant time. It is alleged that during her third pregnancy, the son of the present applicant (i.e., husband of the deceased) had informed the complainant that an ultrasound examination had revealed that the fetus was female. It is further alleged that thereafter, the deceased was taken to Dhanvantri Hospital on 08.02.2025, where her pregnancy was terminated. Subsequently, the deceased developed complications, and she was taken to GTB Hospital, Delhi, where she was declared brought dead on 10.02.2025. During the course of investigation, the statement of the father of the deceased was recorded, who stated that the deceased had been married to the son of the present applicant in the year 2020 and had given birth to two daughters. He alleged that on account of this, the deceased was subjected to taunts by her matrimonial family. It was further stated that when the deceased conceived for the third time, information was conveyed that the fetus was female, following which she was taken for termination of pregnancy. It is further the case of the prosecution that after the said procedure, the deceased developed infection, which ultimately led to her death.
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in registration of the FIR, as the alleged incident occurred on 10.02.2025, whereas the FIR was registered only on 09.05.2025, which casts doubt on the prosecution story. Learned counsel further submits that the investigation in the present case is complete and the chargesheet has already been filed; however, a perusal of the same would show that there are no specific allegations against the present applicant regarding the alleged miscarriage. It is also argued that the doctor, namely Dr. Vinod Kumar Satpathi, who allegedly conducted the procedure, has been placed in column no. 12, and as per the medical opinion, the deceased had herself consumed contraceptive pills, which led to the termination of pregnancy. It is thus contended that no direct role is attributable to the present applicant in the alleged offence. It is lastly submitted that the applicant undertakes to join the proceedings and abide by any condition imposed by this Court, and thus prays for grant of bail.
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himself at this stage by claiming absence of direct involvement. It is also contended that the material witnesses in the present case are closely connected to the deceased and the accused persons, and in the event the applicant is released on bail, there exists a reasonable apprehension that he may influence or intimidate such witnesses. Further, considering the nature of evidence, including medical and documentary records, there is also a likelihood of tampering with evidence. It is thus submitted that in view of the gravity of the allegations, the stage of the proceedings, and the potential impact on the course of trial, the applicant does not deserve the concession of bail, and the present application is liable to be dismissed.
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applicant at the relevant time and place, therefore, assumes significance at this stage and indicates his alleged connection with the sequence of events leading up to the incident, which cannot be brushed aside while adjudicating the present application.
This is a digitally signed order.
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serious concerns. Such acts, if established, reflect a deeply concerning social issue which the law seeks to address firmly. In such circumstances, this Court is not inclined to extend the benefit of bail to the applicant at this stage.
DR. SWARANA KANTA SHARMA, J
MARCH 19, 2026/A/ TS
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/03/2026 at 10:07:49
1 issue framed by the court
Whether the father-in-law of a deceased pregnant woman, alleged to be involved in illegal sex determination and termination of pregnancy leading to her death, deserves regular bail.
2 provisions across 2 enactments
Vinod Kumar
State GNCT of Delhi
Anr.
Swarana Kanta Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
