DADAN TIWARI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS petition has been filed by the applicant under Section 438 Cr.P.C. for grant of anticipatory bail. He is accused No. 2 in Crime No. 6/2001 registered by Adivashi Jan Kalyan Police Station (Jagdalpur) for the offences punishable under Section 302 and 323 read with Section 34 of I.P.C.

(2.) THE accused No. 1 is Lokuram. The incident took place on 07.03.2001 and the allegation is that the applicant and another accused assaulted the deceased with hands and lathis. The act attributed to the applicant is that he assaulted the deceased with hands. Accused No. 1 Lokuram has already been released on bail by this Court on 16.08.2001. According to the Doctor who conducted the post mortem examination, he was unable to give definite opinion about the cause of the death of the deceased.

(3.) SINCE , the accused No.1 has already been released on bail by this Court and the act attributed to the present applicant is that he assaulted the deceased with hands. I am of the opinion that the applicant is also entitled to similar relief.