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Judgment
Arindam Lodh, J
Heard Mr. S. Lodh, learned counsel appearing for the applicants who have filed the application for releasing them on anticipatory bail. Also heard Mr. S. Ghosh, learned Addl. P. P. appearing for the respondent-State.
This is an application filed under Section 438 of Cr.P.C. for granting anticipatory bail to the accused-applicants in connection with NCC P.S. Case No.2022 NCC 167 under Sections 465/468/471/420/120B of IPC and Section 3(1)(f)(g) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 as amended upto 2015.
It is submitted that a proceeding under Section 95 of TLR and LR Act is going on before the appropriate forum.
It transpires from the FIR that there is no element from which this Court can come to a finding that the accused-applicants have committed any offence under Section 3(1)(f)(g) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
In view of the submissions of learned counsel appearing for the accused-applicants and the nature of complaint, this Court deems it fit to grant an interim bail in favour of accused-applicants.
Accordingly, in the interim, it is directed that in the event of their arrest, the accused-applicants, namely, Shri Naresh Chandra Deb and Shri Dulal Chandra Deb shall be released on bail by furnishing bond of Rs.50,000/- each with one surety each of the like amount to the satisfaction of arresting authority till the next date.
Learned Addl. P. P. shall produce the case diary on 12.10.2023.
List the matter on 12.10.2023.
