13.01.2023
Sl.13
Court No.29
(AD)
(Allowed)
C.R.M. (A) 138 of 2023
In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure in connection with Basirhat
Police Station Case No.474 of 2019 dated 25.05.2019 under
Sections 341/325/354/506/34 of the Indian Penal Code and
Section 3 of SC. ST. (Prevention of Atrocities) Act.
And
In the matter of: Arpan Halder & Anr.
….petitioners.
Mr. Kallol Kumar Basu
Mr. Md. Jannat Ul Firdous
Ms. Tithi Majumder
…for the petitioners.
Mr. Jaydeep Roy
Ms. Sujata Das
…for the State.
Petitioners pray for anticipatory bail.
The police filed charge sheet.
The petitioners before us claim to be a member of the Scheduled Caste.
In support of such contention, a caste certificate is relied upon.
Prima facie, it appears that the provisions of the Scheduled Castes and Scheduled Tribes (Preventions of Atrocities) Act, 1989 are not attracted as against the petitioners.
In such circumstances, the bar under Section 18 of the Act of
1989 is not attracted in the facts and circumstances of the present
case. Consequently, we grant anticipatory bail to the petitioners.
Accordingly, we direct that in the event of arrest, the
petitioners shall be released on bail upon furnishing a Bond of
Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of like amount each to the satisfaction of the Arresting Officer and also
subject to the conditions as laid down under Section 438(2) of the
Code of Criminal Procedure, 1973 and on condition that the
petitioners shall appear on every date before the jurisdictional Court
on and from the date fixed for appearance of the accused and in
default, the jurisdictional Court will pass appropriate order to
secure the presence of the petitioners in Court including cancelling
the anticipatory bail granted without further reference to this Court.
The prayer for anticipatory bail of the petitioners is allowed.
C.R.M. (A) 138 of 2023 is disposed of.
(Debangsu Basak, J.)
(Md. Shabbar Rashidi, J.)