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Calcutta High CourtCRM/6418/2020rejected

Naba Kumar Bag v. State Of West Bengal

2020-09-14Hon'Ble Justice Soumen Sen,Hon'Ble Justice Jay Sengupta2 pages

14.09.2020 Ct. No. 08 SK/AGM CRM 6418 of 2020 CRAN 1 of 2020 (Via Video Conference) In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

And In the matter of : Naba Kumar Bag ..... Petitioner Mr. Soumak Bera .... for the Petitioner Mr. S. S. Imam, Mr. Subrato Roy ...for the State. The petitioner undertakes to affirm and stamp the petition as per the Rules within one month of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

In view of the restriction contained in the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act regarding grant of anticipatory bail, we are of the view that anticipatory bail cannot be granted in this case as a prima facie case is made out under Section 3 of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act. Accordingly, the application for anticipatory bail is rejected. CRM 6418 of 2020 and CRAN 1 of 2020 are disposed of. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Soumen Sen, J.)

(Jay Sengupta, J.)