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2022 DIGILAW 84 (TRI)

Bhanu Das v. State of Tripura

2022-02-18

S.G.CHATTOPADHYAY

body2022
JUDGMENT 1. This application under Section 438 Cr.P.C has been filed for granting pre-arrest bail to petitioners namely, Bhanu Das, Badal Das, Bikash Das and Ujjal Das alias Sajal Das in Manu P.S Case No. 45 of 2021 which has been registered under Sections 341, 395 and 506 IPC. 2. Heard Mr. Debajit Biswas, learned counsel appearing for the petitioners. Also heard Mr. S. Ghosh, learned Additional Public Prosecutor representing the State. 3. Factual context of the case is as under: The driver of Bolero Pickup vehicle bearing registration No. TR-05-C-1654 lodged a written FIR with the Officer-in-Charge of Manu police station alleging that on 03.11.2021 he was carrying cartoons of foreign liquor in his vehicle from bonded house, Amtali to Kanchanpur F.L. Shop No.2. The vehicle reached at Manu at around 11 pm. As soon as the vehicle reached there, FIR named accused Rajesh Debnath and Sudip Das accompanied by 6/7 others stopped the vehicle and demanded subscription of a sum of Rs.10,000/- for organizing puja on behalf of their club named 'Janata Sangha'. The driver having refused to give such huge amount of subscription, they terrorized him and robbed a sum of Rs.13,000/- of him. Subsequently, they looted few cartoons of foreign liquor from the vehicle and fled with those cartoons on their motor bike. Based on his FIR the case was registered and investigation was taken up. 4. Apprehending arrest, the petitioners have approached this Court for their release on pre-arrest bail. Appearing for the petitioners Mr. Biswas, learned counsel submits that the case brought against the petitioners is entirely false. Moreover, none of them is FIR named and there is no material against them. Counsel also submits that one of the petitioners is a student of Class-XII only, who is 18 years old. Among the other petitioners, one petitioner is a college student and two others are prosecuting B.Ed. course. Counsel also submits that by this time, both of the FIR named accused have been released on bail by SDJM, Longtarai Valley by order dated 09.11.2021 passed in Case No. 2021 MNU 045. It is therefore, contended by Mr. Biswas learned counsel that there being no prima facie case against the petitioners there is no justification for their arrest and detention. Counsel therefore, urges for their bail. 5. Mr. S. Ghosh, learned Additional P.P on the other hand submits that allegations are serious. It is therefore, contended by Mr. Biswas learned counsel that there being no prima facie case against the petitioners there is no justification for their arrest and detention. Counsel therefore, urges for their bail. 5. Mr. S. Ghosh, learned Additional P.P on the other hand submits that allegations are serious. Investigation is in progress and the investigating agency should be given an opportunity to carry out a free and fair investigation of the case. Counsel submits that if the petitioners are released on pre-arrest bail at this stage, course of investigation will be obstructed by them. Counsel therefore, urges the Court to reject their bail application. 6. Perused the entire record including the case diary. Considered the submissions made by the counsel representing the parties. It is true that none of the petitioners is FIR named. There is no material against them in the case diary. No prima facie case has been made out against any of the petitioners. In these circumstances, there is no justification of their arrest and detention in custody during investigation. Therefore, the petitioners in the event of their arrest, may be enlarged on bail on their furnishing bail bond of Rs.15,000/- each with one surety of the like amount each to the satisfaction of the Investigating Officer under the following condition: (i) The petitioners shall appear before the Investigating Officer as and when called for by the I.O. 7. In terms of the above, bail petition stands disposed of. Return the Case diary.