Nasad Ali And ORS v. State Of West Bengal

CRM (A) 986 of 2022 (Via Video Conference) 03.03.2022 Sl. 03 Court No.29 suvayan (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Islampur P.S. Case No. 873/21 dated 16/12/2021 under Sections 342/323/376/493 of the Indian Penal Code.

And In the matter of: Nasad Ali & Ors.

....petitioners.

Mr. Nazar Chowdhury ... for the petitioners.

Mr. Bidyut Kr. Roy Ms. Rita Datta ...for the State.

Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that the police complaint was lodged three months after the incident and that also on a petition under Section 156(3) of the Criminal Procedure Code. He submits that the petitioners were falsely implicated. Learned Advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Criminal Procedure Code.

Considering the statement of the victim recorded under Section 164 of the Criminal Procedure Code where she attributes specific roles to the petitioners in the incident and considering the gravity of the offence and the involvement of the petitioners therein, we are unable to grant anticipatory bail to the petitioners.

The application for anticipatory bail, being CRM (A) 986 of 2022, is rejected.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)