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Calcutta High CourtCRM (A)/2924/2025rejected

Nurbanu Khatun @ Nurbanu Begum v. State Of West Bengal And ANR

2025-09-15Hon'Ble Justice Jay Sengupta2 pages

15/09/2025 D/L 31 Ct. No.28 S.Kundu C.R.M.(A) 2924 of 2025 Rejected In Re:- An application for anticipatory bail under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023/under Section 438 of the Code of Criminal Procedure. In connection with Kandi Police Station Case no. 344 of dated 11.7.2025 under Sections 109(1)/117(2)/126(2)/3(5)/303/74 of the BNS.

In the matter of: Nurbanu Khatun @ Nurbanu Begum ... Petitioner Mr. Tapodip Gupta ...for the petitioner.

Ms. Baisali Basu Ms. Rita Datta ...for the State.

1. Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner has been falsely implicated in this case. It is true that the prayer for anticipatory bail made by a co-accused was turned down by this Court earlier. But, the petitioner stands on a different footing.

2. Learned counsel appearing for the State relies on the case diary and strongly opposes the prayer for anticipatory bail. She relies on the statement of the victim recorded before the learned Magistrate and the statements of other witnesses including a teacher who came to rescue her.

3. It appears that some students including females had cruelly beaten up a girl student/victim in the college premises as she had refused to certain proposal of theirs. She was also molested and her dress torn. The allegation

against the present petitioner is that she was part of that group which caused the assault. She stood there, abetted the offences by egging on the miscreants. According to the eye-witness, the petitioner, in the same transaction, also pulled the hair of the hapless victim girl.

4. Considering the serious nature of allegations and the incriminating materials available in the case diary, I do not consider this to be a fit case to grant anticipatory bail to the petitioner.

5. Accordingly, the application for anticipatory bail is rejected.

6. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities.

(Jay Sengupta, J.)