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2026 DAILYLAW 36498 (CAL)

SK RAMJAN @ SEKH RUMJAN AND ORS. v. STATE OF WEST BENGAL AND ANR

CRM (A)/2419/2026 · 2026-08-19

Md Shabbar Rashidi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

19.08.2026 DL-14 Court No.551 [Bench ID-266058] (AD) (Rejected) In the High Court at Calcutta Criminal Miscellaneous Jurisdiction Appellate Side C.R.M. (A) 2419 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Special (A) Case No. 03 of 2026 corresponding to Illambazar Police Station Case No.117 of 2026 dated 05.05.2026 under Sections 329(4) /115(2) /117(2) /324(4) /303(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023, and under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 pending before the Learned Additional Sessions Judge, 1st Court, Suri, Birbhum. And In the matter of: Sk. Ramjan @ Sekh Rumjan & Ors. ….petitioners Mr. Sujoy Sarkar, Advocate …for the petitioners Mr. Pinaki Bhattacharyya, Ld. Sr. Govt. Advocate Mr. Amartya Mohan Bhattacharyya, Advocate … for the State 1. Affidavit of service and Memo of Evidence filed in Court be taken on record. 2. Learned Advocate appearing for the petitioners submits that the petitioners are alleged to have attacked the house of the complainant party and assaulted them. 3. Learned Advocate appearing for the petitioners also submits that there are no allegations of an offence under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Furthermore, it is submitted that even if such an offence has been committed it was allegedly committed inside the house of the victim which is not a public place as required under the provisions of Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. He prays for anticipatory bail. 2 4. Learned Senior Government Advocate appearing for the State refers to various materials in the case diary including the statements of witnesses recorded under Section 180 of the BNSS as well as the injury report. He opposes the prayer for anticipatory bail. 5. Upon perusal of the materials in the case diary, it appears that the petitioners are alleged to have attacked the house of the victim and assaulted them. They are also alleged to have ransacked the house and took away valuables. The victim sustained injuries in such incident which is evident from the injury report contained in the case diary. 6. So far as the allegations in respect of Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is concerned, statements recorded under Section 180 of the BNSS go to show that the petitioners along with others made derogatory statements touching the tribal identity of the victim. 7. In view of the aforesaid materials in the case diary and in consideration of Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, I am of the opinion that this is not a fit case to grant anticipatory bail to the petitioners. 8. Accordingly, the prayer for anticipatory bail of the petitioners is rejected. 9. C.R.M. (A) 2419 of 2026 is dismissed. (Md. Shabbar Rashidi, J.) ABHIJIT DAS Digitally signed by ABHIJIT DAS Date: 2026.08.20 18:30:27 +05'30'