(1.) Heard Mr. S. Lodh, learned counsel appearing for the applicants. Also heard Mr. S. Ghosh, learned Addl. PP appearing for the respondent-State and Mr. P. Saha, learned counsel appearing for the defacto complainant.
(2.) The applicants have filed the present application for releasing them on anticipatory bail under Sec. 438 of Cr.P.C since they are under serious apprehension that they will be arrested in connection with New Capital Complex Police Station case No.2022/NCC/167 dtd. 24/12/2022 under Ss. 465/468/471/420/120B of the Indian Penal Code, 1860 and Sec. 3(1)(f)(g) of Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act, 1989.
(3.) One Smt. Chinamuni Marak had lodged a complaint before the Officer In-Charge, NCC Police Station stating that she was wrongfully dispossessed from a land by the applicants of this bail application. The complainant being a member of Scheduled Tribe(ST, for short) community, in her F.I.R. has stated that serious conspiracy was hatched by the applicants along with the officials of Revenue Department to dispossess her from the land in question. In view of this, the Investigating Officer in course of his investigation has included Sec. 3(1)(f)(g) of Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act, 1989(here-in-after referred to as 'Act of 1989").