C.R.M. 1623 of 2019
In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 05.02.2019 in connection
with Debra P. S. Case No.23 of 2019 dated 10.01.2019 under
Sections 498A/323/325/307/354/354A/506/34 of the Indian
Penal Code and Section 3 / 4 of the Dowry Prohibition Act.
In the matter of : Ajoy @ Chandan Ganguly @ Ajay Ganguly.
Mr. Abdur Rakib.
…for the Petitioners.
Mr. S. S. Amam, Jr. Govt. Adv.,
Ms. R. Jana.
…..for the State.
Heard the learned Advocates appearing for the parties.
It is submitted on behalf of the petitioner that there is a long
standing matrimonial dispute between the parties. Petitioner had
instituted a proceeding for restitution of conjugal rites and
subsequently, the de-facto complainant returned to the
matrimonial home. Thereafter, she has instituted the present
criminal case against the petitioner.
Learned advocate appearing for the State opposes the prayer
for anticipatory bail and submits that the dowry articles have not
We have considered the materials on record. We note that
there is a long standing matrimonial dispute. Allegation of physical
assault is not supported by medical evidence.
Under such circumstances, we are inclined to grant
anticipatory bail to the petitioner.
Accordingly, we direct that in the event of arrest the
petitioner viz., Chandan Ganguly @ Ajay Ganguly 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
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 shall meet the Investigating Officer once in a week
until further orders.
This application for anticipatory bail is, thus, disposed of.
(Manojit Mandal,J.) (Joymalya Bagchi, J.)