C. R. M. 12139 of 2019
In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 19.12.2019 in connection with AJC Bose B. Garden Police Station
Case No. 157 of 2019 dated 22.11.2019 under Sections 498A/Section406 of the Indian Penal
Code read with Sections 3/Section4 of the Dowry Prohibition Act.
In Re: Anisur Mallick @ Anisul Mallick
… … Petitioner
Ms. Ayana Dey .. Advocate
Ms. Sananda Bhattacharyya .. Advocate
… … for the petitioner
Mr. Gautam Banerjee .. Advocate
… … for the State
Heard the learned advocate appearing for both the parties.
It is submitted on behalf of the petitioner that he is the husband of the de-facto
complainant and has been falsely implicated in the instant case.
Learned advocate appearing for the State produces the case diary and opposes
the prayer for anticipatory bail.
Having considered the materials on record and in view of the fact that there has
been considerable delay in lodging the FIR and as the allegation of physical assault is not
supported by medical documents, 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.
Accordingly, we direct that in the event of arrest, the accused/petitioner, namely
Anisur Mallick @ Anisul Mallick, 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 appear before the court below and pray for regular bail within four weeks
The application for anticipatory bail is, thus, disposed of.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)