D/L855 01.09.2026 Bpg. Allowed C.R.M. (A) 2870 of 2026 In Re: An application for anticipatory bail under Section 14A(2) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989/U/s.482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Suri Police Station Case No.491 of 2026 dated 27.07.2026 under Sections 105/106(1)/318(4)/238/61(2) of the Bharatiya Nyaya Sanhita, 2023 and adding Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989; Dr. Rijwan Asim Versus The State of West Bengal Ms. Sagifta Saba Yasmin Mr. Mazhar Hossain Chowdhury Mr. Anupam Das Ms. Mekhala Kar. …for the petitioner. Mr. Paramanand Sharma Mr. Shourjya Mukherjee Mr. Jnip Bose. …for the State. Learned advocate appearing for the State submits that the present case has been registered subsequently under the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and in view of Section 18A of the said Act the provisions of anticipatory bail are not applicable to the present case. It has been settled by the Hon’ble Supreme Court that a court while deciding an application is entitled to go into the merits of the case regarding the applicability of the Act first and thereafter decide whether the provisions of Section 18A of the Special Act is 2 applicable or not applicable. Learned advocate for the State has produced the case diary and drawn the attention of the Court to the statement under Section 183 of the BNSS of the father of the deceased child. The manner in which the terms have been spoken, prima facie, the offence is not attracted. However, there are accusations of improper treatment of the child. The petitioner is a doctor. I do not find that there is any culpability of the doctor so far as the death of the child is concerned. However, so far as the issue relating to negligence is concerned, the same would be subject matter of the investigation by the investigating authority. In view of the aforesaid, I am of the opinion that custodial detention of the present petitioner is unwarranted. As such, the prayer for anticipatory bail of the petitioner is allowed. In the event of arrest, the petitioner, namely, Dr. Rijwan Asim shall be released on bail to the satisfaction of the Arresting Officer and also be subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. As the investigation of the case is in progress, the petitioner shall report to the investigating officer of the case within a period of 10 days from date and thereafter on all subsequent dates fixed by the investigating officer of the case till the charge-sheet is submitted before the jurisdictional court. Thus, CRM(A) 2870 of 2026 is allowed. Memo of Evidence submitted by the State be kept with 3 the record. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Tirthankar Ghosh, J.)