Barsha Das v. State of West Bengal
Case brief
What is this about?
The High Court cancelled an order granting anticipatory bail because the petitioners failed to disclose that the case had been reclassified under the Scheduled Tribes and Other Backward Classes (Prevention of Atrocities) Act.
What did the court decide?
Order dated March 28, 2023 granting anticipatory bail and all consequential steps are cancelled.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
04.04.2023 1 Ct. No. 29 CHC
C.R.M (A) 1280 of 2023
In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Contai Police Station Case No. 101 of 2023 dated 08.03.2023 under Sections 448/376/406 of the Indian Penal Code.
And
In the matter of: Barsha Das ...… petitioner Mr. Tanmoy Chowdhury, Mr. G. K. Das, Mr. Kapil Chandra Sahoo .…for the petitioner
Mr. Saibal Bapuli, Ld. A.P.P. Ms. Sayanti Santra .…for the State Mr. Akashdeep Mukherjee, Mr. Pritam Chatterjee, Mr. Soumyadip Nag, Ms. S. Das
…for the de facto complainant
The application for anticipatory bail is taken up for consideration subsequent to the order dated March 30, 2023.
The de facto complainant is represented.
An order was passed on March 28, 2023 granting anticipatory bail to the petitioner.
It subsequently came to the knowledge of the State that, prayer for adding Section 3(1)(w)(i) of the Scheduled Tribes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was allowed on March 22, 2023.
Issues for consideration
1 issue framed by the court
Whether the order granting anticipatory bail should be cancelled because the addition of the Scheduled Tribes and Other Backward Classes (Prevention of Atrocities) Act offence was not disclosed at the
Parties & counsel
- petitioner
Barsha Das
- respondent
State of West Bengal
Coram
Debangsu Basak
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · April
- Registered
- Case no.
- CRM (A)/1280/2023
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