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Calcutta High CourtCRM (A)/3858/2024allowed

Jibrail Karikar @ Jibu v. State Of West Bengal And ANR

2024-11-11Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

11.11.2024 tkm/ct 28 C.R.M. (A) 3858 of 2024 sl no. 37 In Re : An application for anticipatory bail under section 482 of BNSS in connection with Murutia P.S case no. 329 of 2024 dated 25.10.2024 under section 69 of the BNS 2023 and Allowed In Re : Jibrail Karikar @ Jibu ...... petitioner Mr. Dipankar Mondal Mr. A A Mondal ...... for the petitioner Mr. Anand Kesari Ms. Eshita Dutta ...... for the State Mr. Amanul Islam Mr. Sourav Mukherjee ...... for the de facto complainant

1. Petitioner submits victim is a divorcée. Allegation of promise to marry is out and out false. He prays for anticipatory bail.

2. Learned lawyer for the State as well as de facto complainant oppose the prayer.

3. We have perused the statement of the victim recorded under section 164 Cr.P.C. In her statement she claimed she was married when she met the petitioner. Thereafter she obtained divorce on the insistence of the petitioner but he did not marry her. In view of the nature of allegations, we are of the opinion custodial interrogation for progress of investigation is not necessary and he may be granted anticipatory bail.

4. Accordingly, we direct that in the event of arrest, 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 also subject to the conditions as laid down under section 482(2) of BNSS 2023 and that petitioner shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

5. The application being CRM (A) 3858 of 2024 is disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.) Signed By :

TAMAL KRISHNA MANDAL High Court of Calcutta 14 th of November 2024 11:52:01 AM