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Judgments of Supreme Court of India and High Courts

Of 2018 Dated 22.11.2018 Under … vs In Re: Subhajit Roy @ Shubhajit Roy on 11 March, 2019

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11.03.19

Sl. No.140
akd
[ALLOWED]
C. R. M. 2769 of 2019

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 07.03.2019 in connection with Balurghat Police Station Case No. 408
of 2018 dated 22.11.2018 under Sections 498A/325/307/313 of the Indian Penal Code.

And

In Re: Subhajit Roy @ Shubhajit Roy
… … Petitioner

Mr. Sudip Guha .. Advocate
… … for the petitioner

Mr. Imran Ali .. Advocate
Mr. Mirza Firoj Ahmed Begg .. Advocate
… … for the State

Heard the learned advocate appearing for both the parties.

It is submitted on behalf of the petitioner that there is inordinate delay in lodging

the FIR.

Learned advocate for the State opposes the prayer for anticipatory bail and

submits that the victim was forced to abort.

We have considered the materials on record. We find though abortion took place

in the year 2016, FIR has been registered in November, 2018. In view of the aforesaid

fact, we are of the opinion though custodial interrogation of the accused/petitioner may not

be necessary in the facts of the present case and he may be granted anticipatory bail, he

requires to cooperate with the investigation in accordance with law.

Accordingly, we direct that in the event of arrest, the accused/petitioner, namely

Subhajit Roy @ Shubhajit Roy, be released on bail upon furnishing a bond of

Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, to the
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satisfaction of the arresting officer and also be subject to the conditions as laid down

under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition

that he shall meet the Investigating Officer once in a week until further orders and shall

appear before the court below and pray for regular bail within a fortnight from date.

The application for anticipatory bail is, thus, disposed of.

(Manojit Mandal, J.) (Joymalya Bagchi, J.)

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