Tripura High Court
Before vs For The on 8 December, 2017
Author: T. Vaiphei
Bench: T. Vaiphei
AB No. 123/2017
BEFORE
HON'BLE THE CHIEF JUSTICE MR. T. VAIPHEI
Present:
For the accused-petitioners : Mr. B. Debbarma, Adv.
For the respondent : Mr. R. C. Debnath, Addl. P. P.
08.12.2017.
Heard Mr. B. Debbarma, the learned counsel for the accused- petitioners. Also heard Mr. R. C. Debnath, the Additional Public Prosecutor for the State.
This is an application under Section 438 of Cr. P. C for granting pre-arrest bail to the accused-petitioners namely, (1) Sri Chiranjit Sinha, (2) Smt. Gita Malakar and (3) Miss Ruma Acharjee who have been implicated in connection with New Capital Complex Police Station Case No. 2017/NCC/071 under Sections 341/386/389/34 of IPC.
The bail application is strongly opposed by the learned Additional Public Prosecutor contending that the allegation against the accused- petitioners are serious, who are apparently involved in extortion racket in an around Agartala and submits that this is not a fit case for pre- arrest bail.
On going through the case diary produced by the learned Additional Public Prosecutor, I am of the view that except in the case of Smt. Gita Malakar custodial interrogation is not necessary. Consequently, the prayer for pre-arrest bail in respect of accused- petitioner No.2 i.e. Smt. Gita Malakar is rejected. As for the accused- petitioners No. 1 and 3 are concerned, their prayer is allowed.
Resultantly, in the event of arrest, the accused-petitioners No.1 and 3 i.e. Sri Chiranjit Sinha and Miss Ruma Acharjee shall be released on bail on their executing a P.R. Bond of ₹20,000/- (rupees twenty thousand) by each of them with one surety each of the like amount to the satisfaction of the arresting authority, subject to the condition that they shall make themselves available for interrogation as and when called upon to do so by the arresting authority.
The application stands disposed of.
CHIEF JUSTICE d.dey AB No. 123/2017 Page 1 of 1