Bimal Das @ Tinku And ORS. v. State Of West Bengal

23.04.2024 Item No.7 Ct. No. 29 CHC Rejected C.R.M.(A) 1387 of 2024 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. 842/2023 dated 30.10.2023 under Sections 323/325/307/354B/506/34 of the Indian Penal Code read with Sections 3(1)(r)(s)(w) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. And In the matter of : Bimal Das @ Tinku & ors.

...... petitioners Mr. Uday Sankar Chattopadhyay, Ms. Reshmi Khatun, Ms. Aishwarya Datta ....for the petitioners Mrs. Subhasree Patel ....for the State Affidavit-of-service filed in Court be taken on record. None appears for the de facto complainant despite service.

Police complaint was lodged pursuant to the order under Section 156(3) of the Criminal Procedure Code. The complaint demonstrates that, words offensive to a person belonging to the scheduled castes was uttered by the petitioners in a public place.

In such circumstances, in view of the bar under Section 18 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, we are of the view that the application is not maintainable.

Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 23 rd of April 2024 05:23:07 PM

Consequently, we are unable to grant anticipatory bail to the petitioners.

This application for anticipatory bail is, thus, rejected. CRM(A) 1387 of 2024 is disposed of.

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