6 days ago
Gujarat High Court Denies Doctor Bail in Abortion Case
A young woman went missing, and her father asked the Gujarat High Court to help find her.
She was later found and told the court a landlord had sexually exploited her and that she became pregnant.
She said her parents took her for an abortion when she was more than five months pregnant.
She also alleged that the landlord paid her parents Rs 5 lakh to keep quiet.
The court ordered a detailed investigation into these claims.
A doctor accused of performing the abortion asked to be released on bail.
Prosecutors said important medical records were missing and that evidence may have been destroyed.
The doctor said he only treated the woman and had been falsely accused.
The High Court refused bail while the investigation and case continue.
The Gujarat High Court denied bail to a doctor accused of performing an abortion linked to an alleged rape and cover-up.
The young woman alleged that her landlord sexually exploited her, that she became pregnant, and that her parents took her for an abortion beyond five months.
She alleged the landlord paid her parents Rs 5 lakh to remain silent and that police and family members initially tried to suppress the matter.
The prosecution accused the doctor of failing to preserve medical records and helping destroy or clean evidence.
The woman’s age remains disputed, and the court said whether POCSO provisions apply must be decided at trial.
- Who
- A Gujarat doctor, the young woman, her parents, the landlord, and other accused persons are involved.
- What
- The High Court refused the doctor’s bail in a case involving allegations of sexual exploitation, an abortion, a payment to suppress the allegations, and missing medical records.
- Where
- The alleged events involved a rented home and hospital treatment in Surat, Gujarat, and proceedings before the Gujarat High Court.
- When
- The woman was reported missing in June 2025; she was produced before the High Court in January 2026, and the bail ruling was issued earlier in January 2026.
- Why
- The court found that the doctor’s alleged role could not be separated from claims that evidence was suppressed or destroyed.
Prosecution and Court Concerns
Doctor’s Defense
Doctor’s alleged role
Prosecution and Court Concerns
The prosecution alleged that the doctor actively participated in destroying or cleaning evidence connected to the abortion and the wider alleged cover-up.
Doctor’s Defense
The doctor said he was falsely implicated and had only provided professional treatment after the woman was brought to the hospital.
Missing medical records
Prosecution and Court Concerns
The State argued that the absence of admission, treatment, anaesthesia, and procedure records breached the doctor’s professional obligations and formed part of an attempt to suppress evidence.
Doctor’s Defense
The doctor denied taking part in any conspiracy or destroying evidence.
Woman’s age and legal provisions
Prosecution and Court Concerns
The prosecution’s case could potentially involve the POCSO Act because the father initially described the woman as a minor.
Doctor’s Defense
Subsequent material suggested she was 18, and the court said the issue must be determined at trial rather than at the bail stage.
Key facts
- Bail decision
- The Gujarat High Court rejected the doctor’s plea for regular bail.
- Alleged payment
- The woman alleged that the landlord paid her parents Rs 5 lakh to buy their silence.
- Pregnancy and abortion
- She alleged that her parents took her for an abortion when she was more than five months pregnant.
- Missing records
- The prosecution said records concerning admission, treatment, anaesthesia, and the procedure were not preserved or provided.
- Investigation
- The High Court ordered a comprehensive investigation, which led to an FIR and several arrests.
- Age dispute
- The woman’s age at the relevant time is disputed; later material suggested she was 18, although her father initially described her as a minor.
- Current legal question
- The court said the applicability of the Protection of Children from Sexual Offences Act must be decided during trial.
Quotes
Gujarat High Court
The court hearing the doctor’s bail application and related habeas corpus proceedings
“The fact remains that a serious offense was committed within the four walls of a house against a woman and the police and parents initially attempted to hush up the issue.”
indianexpress.com
Sources
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