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Ajoy @ Chandan Ganguly @ Ajay … vs Unknown on 18 February, 2019

1

18.02.2019

.

76.
as
(Allowed).

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.

… Petitioner.

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

been returned.

2

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.)

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