Subham Kumar Nonia And ORS v. State Of West Bengal

C.R.M. (A) 732 of 2023 17.02.2023 Sl.18 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Andal Police Station Case No.1 of 2023 dated 02.01.2023 under Sections 341/323/325/376/506/34 of the Indian Penal Code. And In the matter of: Subham Kumar Nonia & Ors.

....petitioners.

Mr. Chittapriya Ghosh ...for the petitioners.

Md. Anwar Hossain Ms. Ratna Ghosh ...for the State.

Petitioners pray for anticipatory bail.

Learned Advocate appearing for the petitioners submits that the petitioners were falsely implicated. He highlights the delay in the lodgment of the First Information Report. He submits that the victim was found in a compromised position with another person and, therefore, the petitioners were falsely implicated. There is a delay in lodgment of the First Information Report. However, the delay per se is not fatal.

The victim in her statement recorded under Section 164 of the Code of Criminal Procedure implicates all the petitioners herein.

The victim made the same statement before the doctor who examined her as recorded in the statement under Section 164 of the Code of Criminal Procedure.

In such circumstances, we are unable to grant anticipatory bail to the petitioners.

Accordingly, the prayer for anticipatory bail of the petitioners is rejected.

C.R.M. (A) 732 of 2023 is dismissed.

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