PRITAM DAS DHRITLAHARE Vs. STATE OF C.G.

JUDGEMENT

(1.) This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No. 82/2015 registered at Police Station- Palari, District Baloda Bazar Bhatapara (C.G.) for the offence punishable under Sections 313,304 of IPC.

(2.) As per prosecution on 04.03.2004 an FIR was lodged that on . 27.03.2004 the deceased Chetan Bai who conceived pregnancy about 5 6 months for which she had accompanied with her neighbour for abortion to doctor and she was administered some medicine, subsequently while coming back to home on the way she became unconscious and died. It is the case of the prosecution that the applicant has charged an amount of Rs. 1100/- for doing abortion.

(3.) Counsel for the applicant submits that the applicant has been falsely implicated in this case and the allegation is against S.D. Dhritlahare, who conducted abortion of the deceased and incomplete description of identification, after laps of 11 years, Police has wrongly arrested the present applicant instead of S.D. Dhritlahare who is absconding and therefore, he may be enlarged on bail.