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Calcutta High CourtCRM(A)/572/2022allowed

Klinton Narjinary@Klinton Narjeenary v. State Of West Bengal

2022-09-27Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

27.09.2022 Serial no.1 Aloke

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CRM (A) 572 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Madarihat Police Station Case No. 141 of 2022 dated 24.08.2022 under Section 376 of the Indian Penal Code.

-AndIn the matter of : Klinton Narjinary @ Klinton Narjeenary ... ... Petitioner Mr. Sourav Chatterjee, Advocate Mr. Soumya Nag, Advocate ... ... For the Petitioner Mr. Aditi Shankar Chakraborty, ld. APP Mr. Ujjwal Luksom, Advocate Mr. Biswarup Roy, Advocate ... ...For the State Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the police complaint is a result of a relationship turning sour. Learned Advocate appearing for the State draws the attention to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure.

In her statement, the victim acknowledges that there was a relationship between the victim and the petitioner. Both the petitioner and the victim are adults.

Consequently, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall 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 condition that the petitioner shall meet the Investigating Officer as and when called for till the conclusion of the investigation and on

further condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 572 of 2022 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)