Decided on April 26,2005

RAM KUMAR Appellant
State Of C G Respondents


- (1.) THE appllicants have preferred this application for grant of bail under Section 439 of Cr.P.C. as they are arrested in connection with Crime No.266/2004 registered in Police Station Korba for the offence punishable under Section 314 of Cr.P.C. The allegations against the applicants are that applicant No.2, Gayatri Bai is the mother of the deceased Maina Bai who died on 22-02-2004 and the cause of death according to the post mortem report is shock as a result of Septicemia developed due to abortion. The applicant No. 1 is a paramour of applicant No.2 It is alleged that the deceased Maina Bai was carrying pregnancy. The applicant No.2 administered some Jadi booti to the deceased for the purpose of abortion. However when the condition of the deceased became serious she was first taken to Dr. Patel who also treated the deceased and thereafter she was taken to Dr. Atual Dhabo who administered some pain relieving injection on the instance of the present applicant No.2. However just fifteen minutes after injection was given to the deceased, she died. Learned counsel for the applicants submits that after the post-mortem report of the deceased, offence was registered on 20 th March 2004 and the applicants were arrested almost eleven months after the registration of the offence i.e. on 07-02-2005. He further submits that the applicants have been falsely implicated in the said case and there is no evidence that the applicants participated in administering some medicine to the deceased for the purpose of abortion. The applicants have been arrested after 11 months of the incident. On the other hand learned counsel for the State opposes the bail application on the ground that the applicants have caused the death of deceased Maina Bai while trying to terminate pregnancy of the deceased through country medicine. I have heard learned counsel for the parties. Taking into consideration the facts and circumstances of the case and further considering the fact that the deceased was treated by Dr.Patel and then by Dr. Atul Dhabo who administered some injection and after considering the fact that the cause of death is shown as shock as a result of Septicemia developed due to abortion, 1 am of the opinion that present is a fit case where the applicants namely, Ram Kumar Aahirwar and Gayatri Bai should be extended the facility of bail and accordingly the application is allowed. It is directed that in the event of applicants furnishing a personal bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the Chief Judicial Magistrate Korba, they should be released on bail. Bail Granted.;

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