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Judgments of Supreme Court of India and High Courts

Of 2020 Dated 29.01.2020 Under … vs In Re: Md. Sarfaraz Ansari on 19 February, 2020

1

19.02.2020

Sl. No.83
akd
[ALLOWED]
C. R. M. 1874 of 2020

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 18.02.2020 in connection with Serampore Police Station Case No. 36
of 2020 dated 29.01.2020 under Sections 498A/307/313 of the Indian Penal Code.

And

In Re: Md. Sarfaraz Ansari
… … Petitioner
Mr. Ankit Agarwala .. Advocate
Ms. Alotriya Mukherjee .. Advocate
Mr. Vineet Ojha .. Advocate
… … for the petitioner

Mr. Imran Ali .. Advocate
Mrs. Sutapa Banerjee .. Advocate
… … for the State

Heard the learned advocate appearing for both the parties.

It is submitted on behalf of the petitioner that he has been falsely implicated in

the instant case. It is further submitted that no case of miscarriage is made out in the facts

of the present case.

Learned advocate appearing for the State produces the case diary and opposes

the prayer for bail.

We have considered the materials on record including the medical reports. We

do not find any accusation of miscarriage due to force or assault. Under such

circumstances, we are of the opinion that custodial interrogation of the accused/petitioner

may not be necessary in the facts of the present case and he may be granted anticipatory

bail.

2

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

Md. Sarfaraz Ansari, 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 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. Petitioner shall appear before the

Investigating Agency and hand over his passport, if any, within a fortnight from date. In

the event he does not have a passport, he shall personally appear before the

Investigating Agency and furnish an affidavit to that effect within the time frame mentioned

hereinabove.

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

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)

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