Md.Firoj Ali@ Md.Firoz Ali v. The State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri 20.01.2025.

45.

as (Allowed).

C.R.M. (A) 959 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Dinhata Women P.S. Case No.36 of 2024 dated 01.04.2024 under Sections 498(A)/304(B)/34 of the Indian Penal Code read with Sections 3/4 of Dowry Prohibition Act.

In the matter of : Md. Firoj Ali @ Md. Firoz Ali. ... Petitioner.

Mr. Sudip Guha.

...for the Petitioner.

Mr. Ujjwal Luksom, Ms. Namrata Das.

.....for the State.

1. Petitioner contends First Information Report was lodged one year after the incident. Petitioner is the husband of the victim-wife who committed suicide. Accordingly, he prays for anticipatory bail.

2. Learned Advocate for the State opposes the prayer for anticipatory bail.

3. We have considered the materials on record. Though the victim-wife committed suicide within two and half years of marriage, FIR came to be registered one year after the incident. No convincing explanation for the delay is forthcoming. Possibility of false implication cannot be ruled out.

4. Under such circumstances, we are inclined to grant anticipatory bail to the petitioner.

5. Accordingly, we direct that in the event of arrest the petitioner 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 appear before the jurisdictional court and pray for regular bail within a period of four weeks from date.

6. This application for anticipatory bail is, thus, disposed of.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)