Asim Mondal @ Ashim Mondal v. State Of West Bengal

C.R.M. (A) 3581 of 2023 31.08.2023 SL. 54 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Dubrajpur Police Station Case No. 78 of 2023 dated 28.04.2023 under Sections 498A/307/406/34 IPC and Sections 3/4 of D. P. Act. And In the matter of: Asim Mondal @ Ashim Mondal ....petitioner.

Mr. Sujoy Sarkar ...for the petitioner.

Ms. Sreeparna Das ...for the State.

1. Heard learned Counsel for the parties.

2. In a matrimonial dispute, it has been alleged by the informant that she is subject to cruelty and torture on account of additional demand of dowry at the instance of her husband who is petitioner before us.

3. From the materials placed before us, it reveals that the injuries suffered by the victim are simple in nature. It also reveals that the allegation of committing torture is omnibus in nature.

4. Regard being had to the facts and submission, factum of permanent residence of the petitioner, nature of allegation, nature of injury as discussed (supra), the fact that there is always hope of compromise in matrimonial disputes and such compromise is always in the interest of the family and society and substantial progress in investigation, it is directed that the petitioner shall be released on bail in the event of his arrest by the Arresting Officer in the aforesaid P.S. case on

such terms and conditions as deemed just and proper in the facts and circumstances.

5. The petitioner is directed to appear before the I.O. within 21 days from today along with a server copy or certified copy of this order.

6. Accordingly, the prayer for the anticipatory bail is allowed.

7. The application being CRM (A) 3581 of 2023 is disposed of.

8. The I.O. is hereby directed to act upon the server copy of this order, if required.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)