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Judgments of Supreme Court of India and High Courts

Nur Islam @ Latifur Rahaman vs Unknown on 4 June, 2018

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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
2

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.)

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