Sudama Prasad Sonar And ORS v. State Of West Bengal

Calcutta High Court In the Circuit Bench at Jalpaiguri 27.08.2019.

as (Rejected) C.R.M. 691 of 2019 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 16.08.2019 in connection with Bhaktinagar P. S. Case No.1573 of 2015 dated 07.11.2015 under Section 188 of the Indian Penal Code and under Section 3(ii)(iv) of Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act. In the matter of : Sudama Prasad Sonar & Ors. ... Petitioners.

Mr. Dipankar Deb.

...for the Petitioners.

Mr. Arun Kr. Sarkar, Mr. Biswarup Roy.

.....for the State.

Heard the learned Advocates appearing for the parties. This is a second application for pre arrest bail after the rejection of an earlier application for similar relief. That apart, charge sheet has been filed against the petitioner under the provisions of Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act.

In view of the aforesaid facts particularly the statutory bar under Section 18/18A of the said Act, we are not inclined to entertain the present application seeking anticipatory bail.

Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

It is, however, open to the petitioner to pursue appropriate legal remedy available to him in accordance with law.

(Manojit Mandal,J.) (Joymalya Bagchi, J.)