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Judgments of Supreme Court of India and High Courts

Sujit Kumar Chowdhury vs Unknown on 11 February, 2020

1

74 11.02.2020
rkd Ct. No.28 C.R.M. 1463 of 2020
(Allowed)

In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 07/02/2020 in
connection with Samserganj P.S. Case No. 298 of 2019 dated
04/12/2019 under Section 498A/313/323/34 of the Indian
Penal Code.

And

In the matter of: Sujit Kumar Chowdhury
….petitioner.

Mr. H. S. Poddar
…for the petitioner.

Mr. I. Ali,
Mr. M. F. A. Begg
…for the State.

It is submitted on behalf of the petitioner that the victim gave

birth to a dead child due to medical condition. Allegation of physical

assault is out and out false.

Learned counsel appearing on behalf of the State opposes the

prayer for anticipatory bail.

Having considered the materials on record and bearing in mind

the nature of allegations in the light of the aforesaid submission made

on behalf of the petitioner relating to the death of the new born child,

we are inclined to grant anticipatory bail to the petitioner subject to

condition.

In the event of arrest, the petitioner shall be released on bail

upon furnishing a Bond of Rs. 10,000/- 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. Petitioner shall meet the Investigating

Officer once in a week until further orders and hand over his passport,

if any, within fortnight from date. In the event he does not have a

passport, he shall personally appear before the Investigating Officer

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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