Court Notes Possible Misuse of Criminal Law
Raipur: The Chhattisgarh High Court has granted anticipatory bail to a Bhilai-based radiologist accused of molesting a pregnant woman. Chief Justice Ramesh Sinha expressed concern over the potential misuse of criminal law, observing that the allegations may have been motivated by reasons unrelated to misconduct.
Complainant Allegedly Sought Illegal Fetal Examination
The court noted that the complainant, who was nine months pregnant, had allegedly requested the radiologist to perform a fetal or embryo examination—a procedure prohibited under the PCPNDT Act, which seeks to prevent sex selection.
The doctor’s refusal to conduct this illegal test appeared to be a key factor behind the complaint, the court observed.
Case Registered Under Bharatiya Nyaya Sanhita Provisions
The 50-year-old radiologist feared arrest in a case lodged at Supela police station under Sections 74, 75(1)(ii), and 79 of the Bharatiya Nyaya Sanhita (BNS).
The allegations relate to an ultrasound conducted on October 16 at a Bhilai diagnostic centre, where the woman accused the doctor of indecent behaviour.
Prosecution Alleges Inappropriate Touching
During the hearing, the prosecution claimed that the doctor took the woman behind a curtain and touched her inappropriately. However, the High Court noted discrepancies between the prosecution’s claims and the case diary, which suggested a different version of events.
Court Finds Allegations “False and Motivated”
According to the TOI report, the Chief Justice remarked that the available material prima facie indicated the allegations were “false and motivated”, seemingly filed as an afterthought to “harass and malign” the doctor after he refused to conduct an unlawful procedure.
Complainant’s Prior Visits Considered
The court observed that the complainant had visited the diagnostic centre multiple times throughout her pregnancy without making any earlier complaints. This pattern further undermined the credibility of the accusations.
Doctor’s Clean Record Supports Bail Plea
The radiologist presented his professional registration, diagnostic centre license, and details of his clean background with no criminal history. These factors weighed in favour of granting him legal protection.
Anticipatory Bail Granted with Caution
While noting that the observations were preliminary and limited to the bail stage, the High Court ruled that the circumstances justified granting the doctor anticipatory bail, protecting him from arrest as the investigation continues.
