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CALCUTTA HIGH COURT
Jay Sengupta, J.
In the matter of Nurul Aras – Petitioner
C.R.M.(A) 4050 of 2025
Decided on 22.12.2025
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 18 – Anticipatory bailapplication – It has been alleged in FIR that abuses were hurled over telephone and not in public view – Other provisions mentioned in FIR are bailable – Application for anticipatory bail disposed of by granting petitioner liberty to surrender before Jurisdictional Court and pray for bail within four weeks – If such application for bail is made by petitioner, same shall be considered in accordance with law – Petitioner shall not be arrested for such period of four weeks.(Paras 3, 5 and 6)
Result: Application for anticipatory bail disposed of.
JUDGMENT
Learned counsel appearing on behalf of the petitioner submits that the application for anticipatory bail is maintainable as there is no prima facie case made out in respect of Section 31(r) and 31(s) of the Scheduled Caste and Scheduled Tribes Prevention of Atrocity Act. It has been alleged in the FIR that abuses were hurled over the telephone and not in public view. The other provisions mentioned in the FIR are bailable.
Learned counsel appearing for the State opposes the prayer for anticipatory bail. He relies on the case diary, including on the statements of witnesses.
3. Considering the fact that the alleged abuses were hurled over the telephone and not in public view, the provisions of the special Act would not be prima facie attracted and consequently the application for anticipatory bail would not be maintainable.
4. However, this is a peculiar case where the other allegations are bailable.
5. Considering the above, the application for anticipatory bail is disposed of by granting the petitioner liberty to surrender before the learned jurisdictional Court and pray for bail within four weeks from date. If such an application for bail is made by the petitioner, the same shall be considered in accordance with law. The petitioner shall not be arrested for such period of four weeks.
6. Accordingly, the application for anticipatory bail is disposed of.
7. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities.
Anticipatory bail can be granted in SC/ST Act offences in case other provisions mentioned in FIR are bailable.
Grant of anticipatory bail - As per special law there is no provision for granting any anticipatory bail in the normal circumstances like the present one.
Anticipatory bail can be granted if no prima facie case is established, and the bar under Section 18 of the Atrocity Act does not apply without substantiated allegations.
Anticipatory bail may be granted if prima facie evidence is lacking, considering the nature of allegations and the accused's cooperation with the investigation.
Bar will not apply where the complaint does not make out “a prima facie case” for the applicability of the provisions of the Act. A statutory exclusion of the right to access remedies for bail is con....
There is no absolute bar against grant of anticipatory bail in cases under the Atrocities Act if no prima facie case is made out or where on judicial scrutiny the complaint is found to be prima facie....
The court may grant anticipatory bail under the SC/ST Act if the allegations against the accused are not substantiated and prior complaints exist.
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