RAJ KUMAR @ RAJU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) HEARD both the counsel. This is an application under Section 438 of Cr.P.C. filed by the applicant for grant of anticipatory bail, apprehending arrest in Crime No. 74/ 2002, registered in pamgarh Police Station .for the offences punishable.

(2.) THERE are three accused persons in the aforesaid case and it is submitted that one accused has already been released on bail, which is not disputed by the learned counsel for the respondent/State.

(3.) LEARNED counsel for the applicant submitted that the material collected by the Police itself shows that there was a delivery of child and the child also died subsequently. According to the post -mortem report it is submitted that cause of the death of the deceased was due to poison which is not disputed by the learned counsel for the respondent/State. The alleged abortion took place on 09 -09 -2001 but the deceased died on 08 -10 -2001.