Suraj Noniya @ Suraj Nonia v. State Of West Bengal And ANR

27.03.2025 Serial no. 57 (Anticipatory bail) (Allowed) ( Dd ) CRM (A) 1006 of 2025 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Pandaveswar Police Station Case No. 169 of 2024 dated 05.12.2024 under Sections 417/376/420/406 of the Indian Penal Code, 1860 pending before ld. ACJM, Durgapur, Paschim Bardhaman.

-AndIn the matter of : SURAJ NONIYA @ SURAJ NONIA ... ...Petitioner Mr. Kunal Ganguly, Advocate ... ... For the Petitioner Ms. Manisha Sharma, Mr. Abhinaba Mukherjee, Advocates ... ...For the State Mr. Amit Ranjan Pati, Advocate ... ...For the victim

1. Petitioner prays for anticipatory bail.

2. Apparently, there was a relationship between the petitioner and the de facto complainant. In the statement recorded under Section 183 of the BNSS, 2023, the victim claims that the petitioner took obscene photos and videos. It is also alleged that a fake social media platform was created in the name of the victim by the petitioner.

3. We required the petitioner to surrender his mobile phone which the petitioner did.

4. State and the de facto complainant are represented.

5. Court is informed that as on date, no profile of the victim appears in the social media platform containing any photos or videos or the victim.

6. Considering such fact and the nature of the incident, we are inclined to grant anticipatory bail to the petitioner.

7. 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 corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition that the petitioner shall report before the Investigating Officer once in a fortnight till the conclusion of the investigation and on further condition that the petitioner will stay outside the jurisdiction of the local police station where the police case is registered.

Petitioner will provide the address of his new place of residence to the Investigating Officer as also submit before the jurisdictional Court 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.

8. Prayer for anticipatory bail of the petitioner is allowed.

9. CRM (A) 1006 of 2025 is disposed of.

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