14.08.2025 Court No.28 Item No.13 tbsr Reject CRM (A) 2444 of 2025 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 Kultali P.S. Case No.175 of 2023 dated 24.03.2023 under Sections 365/366/368/370/376(1) of the Indian Penal Code. And In the matter of: Nomita Mistry @ Namita Mistri @ Namita Mistry ….Petitioner. Mr. Pronojit Roy Mr. Ashutosh Mandal ….for the petitioner Ms. Sonali Das Ms. Sana Naaz …..for the State Learned counsel appearing on behalf of the petitioner submits as follows. Over the shelf-same incident, two FIRs were lodged. In the first case, the present petitioner was shown as a victim. In the same transaction, the present victim had also been kidnapped. Therefore, the second FIR is not maintainable. Even if it is found maintainable, the petitioner being victim in the earlier case, cannot be hauled up as an accused in the second case. Learned counsel appearing on behalf of the State opposes the prayer. She relies on both the case diaries and submits as follows. It is true that the petitioner had recorded her statement as a victim in the earlier case. But, by that time the present victim had not been recovered. After recovery of the present victim, she gave a clear statement before the learned Magistrate that the petitioner and the other accused had abducted her and taken her to Rajasthan. There a 2 co- accused sexually assaulted her. Thereafter, the present petitioner and others sold her away to a third person. 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 for granting anticipatory bail. Accordingly, the application for anticipatory bail is rejected. (Jay Sengupta, J.)