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Niranjan Ganguli vs Unknown on 1 August, 2017



Item No.1248
SB C.R.M. 5976 of 2017

In Re:- An application for anticipatory bail under Section 438 of the Code
of Criminal Procedure filed on 23.06.2017.

In the matter of :Niranjan Ganguli

Mr. Soumyajit Das Mahapatra …for the petitioner.

Mr. Sujoy Sarkar …for the State.

Apprehending arrest in course of investigation of Kotwali P.S. F.I.R.
No. 420/2017 dated 26.05.2017 under Sections 498A/323/406/307/34
of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act,
the petitioner has applied for pre-arrest bail.

Mr. Das Mahapatra, learned advocate appearing for the petitioner
submits that after 11 years of married life, the petitioner and his wife
drifted apart resulting in institution of a suit by the petitioner for
dissolution of marriage under Section 27(ia)(d) of the Special Marriage
Act, 1954; it is only thereafter that as a counter-blast, the wife lodged a
complaint resulting in registration of the F.I.R.

We have heard learned advocates for the parties and perused the
materials in the case diary, and are of the considered view that having
regard to the nature of allegations under investigation, custodial
interrogation of the petitioner is not necessary for taking investigation to
its logical conclusion and that he is entitled to direction, as prayed for in
this application.

Accordingly, C.R.M. 5976 of 2017 stands allowed with the direction
that in the event of arrest of the petitioner, he shall be released on bail
upon furnishing bond of Rs.5,000/- (Rupees Five Thousand), with two
sureties of like amount each, one of whom must be local, to the
satisfaction of the arresting officer and subject to the conditions as laid

down in sub-section (2) of Section 438 of the Code of Criminal

(Debi Prosad Dey, J.) (Dipankar Datta, J.)

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