Babloo v. State

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Marg. In the above noted FIR the complainantalleged that her husband was workingwith one Shyam Lai as Beldarbut Shyam Lai had not paid his dues. On 17'^ July, 2017 at about 5.30 p.m. her husbandwent to Shyam Lai to take his dues. After some time, she received the informationthat a quarrel has taken place between Shyam Lai and her husband. When she reachedthe spot, she found that ShyamLai, his sons Raj Kumar and Manpal and their relatives Babloo and Sandeep were beating her husband. When she tried to interveneto save her husband,the said personsgave beatingsto her also and Shyam Lai pushedher on a cart/rehdiknowingthat she was six months' pregnant. She was taken to the hospital in PGR van where she gave birth to two children,a boy and a girl, in the interveningnight of 19'^ and 20^'' July, 2017, who laterdied on 20^'' July, 2017 and 21'^ July, 2017.

Learned counsel for the petitioner contends that a report from the Medical Board has also been obtainedand accordingto the Medical Board, the assault is not the reason for preterm delivery. The complainantwas suffering from Seizure disorder. Multiparty (Third Gravida) and Anemia which were the possiblereasons for pretermdelivery.She fiirtherstates that Manpal and Raj Kumar have already been grantedbail by the learnedTrial Court and thus, she claimsparity.

As noted above, the role assigned to Babloo and Sandeep, the two petitionersbefore this Court, is similar to that of Manpal and Raj Kumar. The allegationof pushing the complainantto the cart/rehdiresultingin the preterm delivery is attributed to Shyam Lai and not the two petitioners herein. Thus, consideringthe nature of allegations,this Court deems it fit to grant bail to the petitioners. BAILAPPLN 473/2018&487/2018 Page 2of3

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