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Chances of Anticipatory bail in case FIR filed by SC/ST lady
20-Oct-2023 (In Criminal Law)
2 days ago I asked a question regarding fake rape case filed by a promoter against my uncle. Firstly, I would like to thank the respected advocates for there helpful advices. Secondly, I want to clear up the confusions regarding this matter. We stay in kolkata and the problem regarding this case is rooted to Ranchi. We got to know from reliable sources that our promoter is planning to file a fake molestation case against my uncle. And for this scripted drama he has selected an ADIVASI (SC/ST) lady. FIR has not been filed yet. But we are quiet sure that he is going to do it. My question here is , even if we apply for anticipatory bail U/S 438, Cr.P.C., will we be able to get out of it? Or is there any special benefit for SC/ST class which can create problems for us?
Yes, as per my opinion the SC/ST lady can create problem because as per Section 3 of The Schedule Castes and The Schedule Tribes (prevention of Atrocities)Act Act 1989 clearly states that Section 3 creates a bar on Section 438 Crpc as it bars all Courts from entertaining pleas for such relief if a prima facie case was made out against the accused as per the FIR. As per your Query is concerned it is a false molestation case so a prima facie case cannot be made out for sure, then there will be no bar.
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Adv. Suvajit Ghosh Dastidar
Kolkata | 200+ Answers
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In 18. of THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989, Section 438 of the Code not to apply to persons committing an offence under the Act.—The section 18 states that, nothing in section 438 of the Code shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence under this Act. But High Court may enlarge the person on Bail if the ground of bail is fit for the accused person.
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Adv. Sanjoy Acharjee
Jalpaiguri | 400+ Answers
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