Bijay Prakash Yadav And ORS v. State Of West Bengal

30.01.2023 Serial no. 16 [Dd] (Anticipatory bail) (Rejected) CRM (A) 362 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Kharagpur (Local) Police Station Case No. 1095 of 2022 dated 18.12.2022 under Sections 341/323/509/34 of the Indian Penal Code read with under Section 3(1)(r)(s)(w) (ii)/3(2)(v-a) of SC & ST (Scheduled Caste & Scheduled Tribe) Act, 1989.

-AndIn the matter of : Bijay Prakash Yadav & Ors. ... ...Petitioners Mr. Pravas Bhattacharyya, Advocate ... ... For the Petitioners Mr. Navanil De, Advocate ... ...For the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that the petitioners were falsely implicated. The provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 are not attracted. The incident did not take place within a public place.

Learned advocate appearing for the State draws the attention of the Court to the provisions of the Act of 1989. He submits that the provisions of Section 3(2)(va) are attracted. He refers to the statements recorded under Section 164 of the Criminal Procedure Code.

Two persons recorded statements under Section 164 of the Criminal Procedure Code. Both of them corroborated each other.

Apparently, the incident took place over an immovable property belonging to a person of the Scheduled Caste. The case diary contains the Scheduled Caste Certificate. In the facts of the present case, it cannot be said with certainty that the place of occurrence is not within public view. Consequently in view of the bar under Section 18 of the Act of 1989, we are unable to grant anticipatory bail to the petitioners.

Prayer for anticipatory bail of the petitioners is rejected. CRM (A) 362 of 2023 is dismissed.

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