Purna Hansda v. The State Of West Bengal And ANR
22.05.2024 Serial no. 54 Anticipatory bail [Rejected] Dd CRM (A) 1799 of 2024 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Habibpur Police Station Case No. 60 of 2024 dated 19.03.2024 under Sections 341/376/506 of the Indian Penal Code, 1860.
-AndIn the matter of : Purna Hansda ... ...Petitioner Mr. Arup Kr. Bhowmick, Advocate ... ... For the Petitioners Ms. Zareen N. Khan, Ms. Sudeshna Das, Advocate ... ...For the State Affidavit-of-service filed on behalf of the petitioner highlights the delay in lodging the first information report and claims false implication.
There is a delay of 7 days from the date of the incident in lodging the first information report.
However, considering the nature of the incident and the social strata to which the victim belongs, such delay cannot be said to be fatal.
Survivor recorded a statement under Section 164 of the Criminal Procedure Code which implicates the petitioner. Her statement stands corroborated by medical examination report. In such circumstances, we are unable to grant anticipatory bail to the petitioners.
Prayer for anticipatory bail of the petitioners is rejected. CRM (A) 1799 of 2024 is dismissed.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :
DEBABRATA DAS High Court of Calcutta 22 nd of May 2024 05:06:46 PM