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82 04.06.2018
C.R.M. 3020 of 2018
Aloke Court 28
In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 17.05.2018 in connection
with Hemtabad P.S. Case No.05 of 2018 dated 15.01.2018 under
Sections 498A/313/34 of the Indian Penal Code
And
In the matter of: Nur Islam @ Latifur Rahaman
…Petitioner
Ms. Shria Majumdar
Ms. Sunita Pahari
… for the petitioner
Mr. Aniket Mitra
… for the State
allowed
It is submitted on behalf of the petitioner that the incident
occurred out of matrimonial discord and there is inordinate delay
in lodging the first information report vis-à-vis the alleged incident
of forcible abortion.
Learned counsel for the State opposed the prayer for bail.
We have considered the materials on record and we find
that the alleged abortion occurred in November, 2016 whereas the
first information report was registered in January, 2018. No
explanation is forthcoming as to the delay in lodging the first
information report. Furthermore the medical papers do not show
that the alleged miscarriage was due to assault by the petitioner.
In view of the aforesaid facts, we are of the opinion that
though custodial interrogation of the petitioner may not be
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necessary, petitioner requires to cooperate with the investigation
in accordance with law.
Accordingly, we direct that in the event of arrest, the
petitioner shall be released on anticipatory bail upon furnishing
bond of Rs.10,000/-(Rupees Ten Thousand only) with two sureties
of like amount, to the satisfaction of the arresting officer on
condition that petitioner shall meet the investigating officer once
in a week until further orders and also subject to the conditions
as laid down under Section 438(2) of the Code of Criminal
Procedure, 1973.
The application for anticipatory bail is, accordingly,
allowed.
Urgent Photostat Certified copy of this order, if applied for,
be supplied expeditiously after complying with all necessary legal
formalities.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)
