AB Court 28
C.R.M. 1630 of 2018
In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure in connection with Haridebpur
P.S. Case No.703 dated 31.12.2017 under Sections
498A/406/34 of the Indian Penal Code and Sections 3 /4 of the
Dowry Prohibition Act
In the matter of : Sanjit Mondal Ors.
Mr. Narayan Chandra Mondal,
Mr. S. Satpati …for the Petitioners.
Ms. Sukanya Bhattacharya …for the State.
Mr. Ansuman Chakraborty,
Mr. S. S. Saha …for the Defacto complainant.
It is submitted on behalf of the petitioners that there is
a matrimonial dispute between the parties and they have been
falsely implicated in the instant case.
Learned lawyer appearing for the State opposes the
prayer for anticipatory bail.
Learned lawyer appearing for the defacto complainant
opposes the prayer for anticipatory bail and submits that all the
sreedhan articles have not been recovered as yet.
Having considered the materials on record and bearing
in mind the general and omnibus nature of allegations and the
fact that search and seizure was effected at the matrimonial
home of the defacto complainant, we are of the opinion that
although custodial interrogation of the petitioners may not be
necessary, the petitioner no.1 requires to cooperate with the
investigation in accordance with law.
Accordingly, we direct that in the event of arrest the
petitioners shall be released on bail upon furnishing bond of
Rs.10,000/-(Rupees Ten Thousand only) each with two sureties
of like amount each to the satisfaction of the arresting officer
and also subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure, 1973 and on further
condition that the petitioner no.1 shall meet the Investigating
Officer of the case once in a week until further orders.
The application for anticipatory bail is, accordingly,
Urgent Photostat Certified copy of this order, if applied
for, be supplied expeditiously after complying with all necessary
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)