C. R. M. 3635 of 2019
In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 28.03.2019 in connection with English Bazar Police Station Case No.
216 of 2019 dated 08.03.2019 under Sections 498A/323/307/34 of the Indian Penal Code
read with Sections 3/4 of the Dowry Prohibition Act. (G.R. Case No. 892 of 2019)
In Re: Amlan Debnath
… … Petitioner
Ms. Minoti Gomes .. Advocate
… … for the petitioner
Mr. Imran Ali .. Advocate
Mr. Mirza Firoj Ahmed Begg .. Advocate
… … for the State
Heard the learned advocate appearing for both the parties.
It is submitted on behalf of the petitioner that the instant case was registered
after notice was issued upon the de-facto complainant in the divorce proceeding.
Learned advocate for the State produces the case diary and opposes the prayer
for anticipatory bail.
Having considered the materials on record and bearing in mind the nature of
allegations in the light of the aforesaid submission made on behalf of the petitioner, we
are of the opinion though custodial interrogation of the accused/petitioner may not be
necessary in the facts of the present case and he may be granted anticipatory bail, he
requires to cooperate with the investigation in accordance with law.
Accordingly, we direct that in the event of arrest, the accused/petitioner, namely
Amlan Debnath, 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 meet the
Investigating Officer once in a week until further orders and shall appear before the court
below and pray for regular bail within a fortnight from date.
The application for anticipatory bail is, thus, disposed of.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)